(Per P.R. Borkar, J.)

1) This is an appeal preferred by the appellant challenging the order of conviction under Section 302 Indian Penal Code for murder of his mother and sentence to suffer imprisonment for life and to pay fine of Rs.5000/-, in default, to undergo simple imprisonment for one year, passed by 1st Ad-hoc Additional Sessions Judge, Shahada in Sessions Case No.9 of 2005 decided on 7-3-2006.

2) Briefly stated it is the case of the prosecution that PW 1 - Devisingh Rajput is the brother of appellant Pramod singh. Deceased Rajkuwarbai was their mother. They were residing at village Jawde Tarfe Haweli. They own two houses. On 11-9-2004 at about 12 to 12.30 noon the deceased Rajkuwarbai had taken the appellant to their another house which is on the opposite side for reading Hanuman chalisa. At that time PW 1 Devisingh was in their main house. After some time Pramodsingh came from the opposite side. His head was wet. At that time Devisingh was sitting on Ota. Wife of Devisingh served food to the appellant who took food. Devisingh gave him medicines and thereafter the appellant went into village. After some time, PW 4 Sakharam came running and told PW 1 Devisingh tha