JUDGMENT :

Dipankar Datta, J.

1. This appeal, by special leave, calls in question the judgment and order dated 06th August, 2019 of the High Court of Judicature at Bombay, Bench at Nagpur, whereby Criminal Appeal No 211 of 2016 carried by the appellant assailing his conviction under section 302, Indian Penal Code, 1860 (for brevity ‘IPC’) and sentence of life imprisonment with a fine of Rs.6,000.00 and a default sentence of one year as well as sentence of seven years of rigorous imprisonment and fine of Rs.4,000.00 for the offence punishable under section 307, IPC was dismissed.

2. The prosecution case was that Nandkishor Korde (for brevity ‘the victim’) was murdered on 26th September, 2013 at around 5:00 pm by the appellant. The other three victims, namely Namdeo Korde (P.W.2), Vilas Charde (P.W.3), and Kunal Babhulkar (P.W.4) received stab injuries caused by a knife, also inflicted by the appellant. A report was lodged soon thereafter by the mother of the victim Rekhabai Korde, (P.W.1), leading to registration of an F.I.R. under sections 302 and 307, IPC. The post-mortem report dated 27th September, 2013 (Ext.35) recorded “stab injury to neck” of the victim as the probable cause of