A.I.S. Cheema, J.

1. Appellant-original accused No. 1 Arun Jagtap (hereinafter referred to as accused), who is in jail was tried along with accused No. 2 Ratan Jagtap and accused No. 3 Rahul Suradkar in Sessions Case No. 148 of 2011 before the Sessions Judge, Jalna for offence under Sections 307, 323, 504, 506 read with Section 34 of the Indian Penal Code (IPC for short). Only the appellant came to be convicted and only under Section 307 of IPC and he has been sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 10 Lakhs and in default, to suffer rigorous imprisonment for three years. The Sessions Court directed that, on depositing of fine by the accused or after recovering it, the same be paid to the victim Gangadhar Limbaji Pagare (P.W.2) as compensation under Section 357(1) of the Code of Criminal Procedure, 1973 (Cr. P.C. for short). Thus, this appeal.

2. The case of prosecution in short is as follows:-

(a) On 26.4.2011, P.W.1 Sanjay Limbaji Pagare, (hereafter referred as complainant) resident of Relgaon, Taluka Bhokardan, brother of victim Gangadhar, filed F.I.R. with Police Station Bhokardan, District Jalna, informing that, on 24.4.2011,