JUDGMENT

S.B. SINHA, J. —

1.Leave granted.

2.Appellant is before us aggrieved by and dissatisfied with the judgment of the High Court of Judicature of Bombay, Aurangabad Bench at Aurangabad dated 30.6.2004 passed in Criminal Appeal No. 101 of 2001 whereby and whereunder the appeal preferred by the appellant herein from a judgment of conviction and sentence dated 3.2.2001 passed by the Second Additional Sessions Judge, Jalana finding the appellant guilty of commission of an offence under Section 302 and 307 of the Indian Penal Code and sentencing him to undergo imprisonment for life and to pay fine of Rs.5,000/- and to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 5,000/- respectively, was affirmed.

3.The prosecution case is as under :-

A First Information Report lodged by Sandhu (P.W. 1) was recorded at about 11 p.m. on 7.8.1999 at a hospital in relation to an incident which had taken place at a place known as Bhakardan. P.W.1 and the deceased Janardhan Dalvi allegedly were going to attend a weekly bazaar which is held every Saturday. They were going on foot. Appellant Santosh crossed them from the opposite direction. He, however, although went ahead, but all o