judgment

Dr. Arijit Pasayat, J. –

1.Leave granted.

2.Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Nagpur Bench, dismissing the appeal filed before it by the appellant. The appellant was convicted for allegedly having committed an offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) and was sentenced to imprisonment for life by learned Sessions Judge Akola in Sessions Trial No. 58 of 2001. He was also found guilty of offence punishable under Section 324 IPC. Sentences of imprisonment for life and fine with default stipulation and sentence of 6 months and fine with default stipulation were imposed for the two offences. It was further ordered that if the fine amount is deposited then a sum of Rs. 2,000/- was to be paid to the complainant as a compensation in terms of Section 357 of the Code of Criminal Procedure, 1973 (in short the ‘Cr.P.C.’).

3.Background facts in a nutshell are as follows :

Narmadabai (PW2) is the widow of Shamrao Telgote (hereinafter referred to as ‘deceased’) who was working in the field of one S. K. Majid, situated near village Gaigaon. Shamrao was living in the field in a hut and the acc