The present appellant who is convicted by learned IIIrd Adhoc Additional Sessions Judge, Aurangabad on 9th January, 2004 in Sessions Case no. 74 of 2003 for the offence punishable under section 306 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs. 2,000/-, has preferred the present Appeal.

2. The allegations in nutshell are as under:-

That deceased Kailash S/o Manikrao Nandgauli has committed suicide on 21.7.2002 at the workshop where he was working in Aurangabad city. Earlier, the deceased was residing at Bhusawal. The present appellant Gokul Karda and the deceased were fast friends at Bhusawal. They were even partners in one welding works. Certain money transactions between them were there. The deceased, however, was unable to succeed in the business at Bhusawal. In the circumstances, he sold ground floor of his house at Bhusawal to P.W. 5 Sureshkumar for consideration of Rs. 77,000/-. The first floor of his house was sold by him to P.W. 6 Ashok Ahuja for consideration of Rs. 46,000/-. Out of these sale proceeds, he gave handloan of Rs. 65,000/- to the present appellant. The appellant is ex-president