M.L. TAHALIYANI, J.

1. The appellant feels aggrieved by the judgment and order dated 7th May, 2004 passed by the 2nd Ad-hoc Additional Sessions Judge, Raigad. The appellant has been convicted by the learned trial Judge for the offence punishable u/s. 302 of IPC and has been sentenced to suffer imprisonment for life and to pay a fine of Rs.4000/-, in default, to undergo SI for four months. It was further directed that an amount of Rs.3000/- be given to the legal representative of the deceased Anil Bhilare from the fine amount recovered from the appellant.

2. The appellant was resident of Kalamboshi wadi, Taluka Pali, District Raigad. The appellant was earlier prosecuted for the offence punishable u/s. 302 of IPC for allegedly having committed murder of his wife suspecting that she had illicit relations with the deceased Anil Bhilare. In the present appeal, the appellant is accused of having committed murder of said Anil Bhilare (hereinafter referred to as 'the deceased'). It is also the case of prosecution that an attempt was made on the life of the deceased also by the appellant when he had allegedly committed murder of his wife. He was prosecuted for the said offence. However at the conclusion of trial he was acquitted of the charge of committing the murder of his wife.

3. It is a case of prosecution that the appellant wanted to eliminate the deceased because of his alleged illicit relations with his deceased wife. This according to prosecution was motive behind the crime. The appellant and deceased were staying in the same locality in the same village. The appellant was waiting for a proper opportunity to eliminate the deceased.

4. The incident had occurred on 22nd February, 2003. There is a common open place known as chambhar kund where villagers go for answering the call of nature. It is the case of prosecution that the deceased and appellant both had gone to the same place on the date of incident. It is alleged that the appellant was carrying sickle with him and he had committed murder of the deceased by means of the said sickle at chambhar kund, a place little away from the boundary of village Kalamboshi wadi. The deceased had suffered multiple injuries on his person which had resulted into shock which led to cardiac respiratory arrest.

5. It is the case of prosecution that after the alleged murder, the appellant had carried the sickle with him and he met Deputy Sarpanch Mr.Rajaram Bhilare of village Kalamboshi wadi and had confessed to the Deputy Sarpanch that he had committed murder of the deceased and asked the Deputy Sarpanch to take him to police station.

6. Before we proceed, it may be stated here that the deceased and the appellant had allegedly gone to chambhar kund at around 11 or 11.30 a.m. and the appellant had met the Deputy Sarpanch at about 12 noon near the water stream which was situated in between two small villages i.e. Kalamboshi and Kalamboshi wadi. As the appellant confessed to have committed murder of the deceased, the Deputy Sarpanch (PW 1) told the appellant to go to Maruti temple and wait for villagers to come there. The Deputy Sarpanch thereafter informed the villagers regarding the incident. The Deputy Sarpanch and the police patil i.e. PW 3 along with the villagers visited the place where the dead body of deceased was lying and thereafter, they had gone to the Maruti temple where the appellant was directed to go and wait for the villagers. The sickle held by the appellant was collected by the police patil. It is the case of prosecution that the appellant in presence of villagers had declared that whatever was done by him was proper and that he was ready to face the punishment for the same.

7. Apart from the alleged confession of crime by the appellant before the Deputy Sarpanch, the prosecution case is that the incident was witnessed by wife and sister of the deceased from the house of their neighbour. It is a case of prosecution that the screams of deceased were heard by his wif