judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2. Challenge in this appeal is to the judgment of Bombay High Court, Aurangabad Bench, dismissing the appeal of the appellant who faced trial for alleged commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short IPC) and was sentenced to imprisonment for life by learned Additional Sessions Judge, Ahmednagar.

3.Background facts in a nutshell are as follows:

The complainant Sajay Vithal was serving as a Waiter in Sanjog Hotel for 2-1/2 months prior to the incident. Pradip Panjabi is the owner of the said hotel. Business in the hotel is conducted from 5 p.m. to 11 p.m. After closure of the hotel, complainant Sanjay alongwith 5 workers of the hotel used to reside in a staff room. Hotel was closed on 3.11.1999 at 11.30 p.m. Pradip Panjabi and other staff members went out at about 1 a.m. Thereafter on 4.11.1999 around 1.30 a.m. in the night, altercations took place between Ramesh Nayar and Anna Devraj (hereinafter referred to as the deceased) on the point of switching off the lights. Both used to reside in the staff room. At that time, complainant, Kundlik Chavhan and Chhotu intervened. Thereafter complaina