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, Aurangabad Bench, dismissing the appeal filed by the appellant who was found guilty for the offence punishable under Section 302 of the Indian Penal Code, 1860 (in short ‘IPC’) by the Additional Sessions Judge, Jalgaon, in Sessions Case No.140 of 2002 and was sentenced to undergo imprisonment for life and to pay a fine with default stipulation.

3. The prosecution case unfolded through depositions of ASI Ukhadu Tadvi (PW-2), hospital nurse Smt. Suman Bhave (PW-3) and guard Bhagwat Sutar (PW-4), also complaint (Exhibit 18) that was filed by ASI Tadvi, on behalf of the State. The incident in question took place on the night between 18th and 19th July, 2002. To be precise, it took place at about 4.00 a.m. of 19.7.2002, at Ward No.14 of Civil Hospital, Jalgaon, where the appellant and the victim Dilip Sitaram Chaudhary (hereinafter referred to as ‘deceased’) were lodged.

The complainant ASI Tadvi was posted on guard duty at the said prisoners’ cell in the Civil Hospital. There were other four policemen also, along with him, namely, Police Const