(A.P. Bhangale, J.)

1. This appeal has been preferred against the impugned Judgment and Order dated 16/01/2009 passed by the Ad-hoc Additional Sessions Judge, Khamgaon in Sessions Trial No.25 of 2007 convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code sentencing him to suffer imprisonment for life and imposing fine in the sum of Rs 2000/-, in default to undergo rigorous imprisonment for six months.

2. We have considered the rival submissions made by the learned Counsel for the respective parties and perused the records.

3. The facts and circumstances giving rise to this appeal are as under:

It is case of the prosecution that the accused was a member of an unlawful assembly which was formed at the time of commission of offence and in prosecution of the common object of the assembly, caused death of Subhash Gade. The First Information Report was lodged by Sunita Subhash Gade (wife of the deceased) at Police Station, Jalamb about the incident which occurred on 3/01/2007, at about 7 p.m. stating that while the first informant and her husband were returning to their house from cattle shed of Sahdeo Gade, where they had gone to see the