judgment

Lokeshwar Singh Panta, J. —

1.The appellant has filed this appeal against the judgment and order dated July 26, 2005 passed by the Division Bench of the High Court of Judicature at Bombay, Bench at Aurangabad, confirming the conviction and sentence for life in respect of the offence punishable under Section 302 of the Indian Penal Code [for short ‘the IPC’] and fine of Rs. 500/- with default clause to undergo R.I. for six months awarded by the IVth Additional Sessions Judge, Jalgaon, in Sessions Case No. 48/1995.

2.Brief facts, which led to the trial of the accused, are as follows:-

In the year 1994, appellant Arun Bhanudas Pawar was residing in Room No. 12, Ravi Building, Gendalal Mills, Jalgaon. Prahlad P.W. 1 and Narayana-P.W.4 were working as Watchmen at Government ITI College, Jalgaon during the relevant time. On 26.7.1994 at about 22.00 hrs., when P.Ws.- Prahlad and Narayana were taking night round of the College premises, P.W.-Prahlad heard some noise near a nallah below a tree. He lighted torch and noticed 3-4 persons running away from that place. P.W.-Prahlad then went near the spot and found one person lying on the ground in an injured condition. The injured person w