JUDGMENT

Lokeshwar Singh Panta, J.—

1.Umesh, the accused in Sessions Case No.15 of 1998 on the file of the Sessions Judge, Amravati, is the appellant before us.

2.The appellant was charged under Section 302 of the Indian Penal Code (for short ‘IPC’) for committing the murder of Dilip Ganpatrao Shirbhate on 26.11.1997.

3.The broad facts giving rise to this appeal may be set out briefly.

4.The prosecution case is that on 26.11.1997 in the midnight Vasant Shankarrao Bijwe, resident of Vivekanand Colony, Warud, lodged a report (Ext. 32) at Warud Police Station, Sub-division Morshi, District Amravati, alleging that when he was sleeping in his house, one Anil Ramrao Gulhane, resident of Warud, came there and told him that Dilip Ganpatrao Shirbhate resident of Warud was found lying in injured condition near the shop of Patel situated near Bombay Lodge. Vasant Shankarrao Bijwe immediately went to the spot of occurrence and found Dilip Ganpatrao Shirbhate, his brother-in-law (wife’s brother) lying dead. He noticed injury on the chest of Dilip-the deceased. The clothes of the deceased were smeared with blood. Vasant Shankarrao Bijwe-informant along with one Baba alias Purushottam Marotrao Ingle