R. S. MOHITE, J.

( 1 ) THE appellant rajkumar Anandilal (hereinafter referred to as accused) has filed this appeal impugning a judgment and order dated 17-7-1999 passed by the IV Additional Sessions Judge, Jalgaon in Sessions Case No. 293 of 1995, holding the accused guilty of committing an offence punishable under Section 302 of the Indian penal Code and sentencing him to suffer life imprisonment and to pay a fine of Rs. 500/-, in default to suffer further R. I. for a period of six months.

( 2 ) THE brief facts of the prosecution case were as follows : (a) That, on 23-7-1989, at about 12. 30 p. m. , P. W. No. 4 Aslam Khan Hussain who was a crane operator in the railways,, was on only duty on the crane at the railways steam loco shed at Bhusaval. He was loading, coal in the railway engine by crane. At about 12. 30 to 12. 45 p. m. he got down from his crane and saw the accused Rajkumar passing by. Rajkumar told P. W. No. 4 Aslam that he was going to have a cup of tea. They both walked for some distance talking with each other. While they were so walking they saw a boy putting coal into a gunny bag. They went towards that boy and the accused accosted the boy. On being questio