SADHANA S. JADHAV J.

1. The appellant herein stands convicted for offence punishable under Section 302 of Indian Penal Code and is sentenced to suffer rigorous imprisonment for life and fine of Rs.500/- in default further rigorous imprisonment for 3 months by the 2nd Ad-hoc Additional Sessions Judge, Akola in Sessions Trial No. 153 of 2005 by a judgment and order dated 1.11.2006. Being aggrieved by the said judgment, the appellant herein has preferred the present criminal appeal.

2. The case of the prosecution in nutshell is that:-

On 29.8.2005 Mahadeo Suryabhan Dhokne lodged a report at Old City Police Station, Akola alleging therein that on 29.8.2005 at about 1.30 p.m. one Balu Sapkal resident of the same village, informed him that his nephew namely Siddharth was lying dead under the banyan tree in front of the house of Shivlal Dhokare.

Mahadeo Dhokne, therefore, rushed to the spot and noticed that his nephew Siddharth was lying in a pool of blood. He had inquired about the incident and had learnt that there was some altercation between Siddharth and Rajesh Sadanshiv while playing cards and then Rajesh had assaulted Siddharth by means of some sharp weapon on his head a