JUDGMENT

K.S. Radhakrishnan, J.-The appellant, herein, was convicted by the 2nd Ad-hoc Additional Sessions Judge for the offence punishable under Section 302 of Indian Penal Code (for short ‘IPC’) for murder of one Jagannath Rambhau Shirsath and for the offence punishable under Section 326 IPC for causing grievous hurt to Muktabai, wife of deceased – Jagannath.

2. Aggrieved by the order of conviction and sentence, the appellant preferred Criminal Appeal No. 646/2004 and the State preferred Criminal Appeal No.828/2004 against acquittal of accused No.8 – Babasaheb Maruti Shirsath before the High Court of Bombay Bench at Aurangabad. The High Court vide its judgment dated 24.11.2006 dismissed Criminal Appeal No. 646/2004 and confirmed the conviction and sentence passed by the trial court against the appellant. Criminal Appeal No. 828/2004 preferred by the State against acquittal of accused No.8 was also dismissed by the High Court vide judgment dated 24.11.2006. Aggrieved by the judgment in Criminal Appeal No. 646/2004, this appeal has been preferred by the first accused, Arjun.

3. The prosecution story, in a nutshell, is as follows: The deceased Jagannath and Muktabai (PW 8) parent