JUDGMENT

C.K. Thakker, J. — The present appeal is filed against the judgment and order passed by the High Court of Judicature at Bombay (Nagpur Bench) on March 29, 2005 in Criminal Appeal No. 262 of 2001 by which the High Court dismissed the appeal against an order of conviction recorded by the Sessions Judge, Buldana on July 23, 2001 in Sessions Case No. 19 of 2001 convicting the appellant for an offence punishable under Section 302 of Indian Penal Code (IPC).

2. Short facts leading to the present appeal are that the deceased Ninaji Rupaji Ghonge was a resident of Deodhaba, Taluk Malkapur, District Buldana. He was residing with his son Sopan (PW6). His other sons were staying separately. Deceased Ninaji possessed she goats, sheep and she buffalos. The appellant-accused Namdeo was also residing in a nearby house. Relations between the deceased Ninaji and the accused Namdeo were strained. The reason was the belief entertained by the accused. Namdeo harboured a suspicion that she goats and sheep belonged to him died due to some disease and the deceased Ninaji and his friends were responsible for the death of those animals as deceased Ninaji had played a witch craft. This resulted in