U.V. Bakre, J.

The learned Additional Sessions Judge, South Goa, Margao (trial Court), vide judgment of conviction dated 18/10/2005 and the order of sentence dated 24/10/2005, passed in Sessions Case No. 37/2004, held the appellant guilty of the offence under sections 302 and 307 of the Indian Penal Code (I.P.C) and sentenced him, in relation to section 302 of I.P.C., to undergo imprisonment for life and to pay fine of Rs. 25,000/-, in default to undergo simple imprisonment for two years and in relation to section 307 of I.P.C., to undergo imprisonment for ten years and to pay fine of Rs.10,000/-, in default to undergo simple imprisonment for one year.

2. The F.I.R was registered under Crime no. 94/2004 for offence punishable under sections 302, 307 r/w section 34 of I.P.C, upon the report lodged by Sakharam Ravlu Naik (PW.1). This F.I.R was against two accused persons namely, the appellant as accused no. 1 and one Rajesh Zamble as accused no. 2 and three absconding accused persons. Accused no. 2 has been acquitted by the trial Court. Appellant, hereinafter, shall be referred to as the accused no. 1.

3. Case of the prosecution, in short, was as follows:

On 17/6/2004, at