1. The applicant, who is the first informant, being dissatisfied with the Judgment and Order of acquittal dated 23/04/2002 passed by the learned Additional Sessions Judge, Hingoli in Session Trial No. 33/2001 for the offences punishable u/s 302 and 201 of the Indian Penal Code, is before this Court.

2. Heard Mr. V.M.Maney, the learned counsel for the applicant and Mr. V.P.Kadam, the learned A.P.P. for respondent No. 1 – State. Though the respondent No. 2 was served, his counsel remained absent at the time of hearing.

3. The prosecution case can be narrated as under:

The first informant Prabhakar [P.W.1] is son of deceased Madhavrao Thite. A agricultural field situated at village Golegaon, Taluka Aundha, district Hingoli is owned by accused Ashok/respondent No. 2. The prosecution case further states that the land of accused was taken for cultivation by deceased Madhav on crop sharing basis [batai] and at the relevant time, Wheat crop was standing in the field. The First Information Report [hereinafter referred as 'F.I.R.' for brevity] [Exh.23] further proceeds that 1 years prior to the incident, deceased Madhav gave hand loan of Rs. 5,000/- [Rupees Five Thousand only] to accused Ashok. He was avoiding to repay the said amount though it was demanded by the deceased, resulting into quarrel on 2 occasions in between them.

The F.I.R. further states that on 31/01/2001, first informant and his family members, except his deceased father, left their house for work at percolation tank of the village. The deceased proceeded towards agricultural field. First informant and his other family members returned to house at 7.00 p.m., however deceased was not noticed in the house. That time, first informant's maternal uncle Uttam Hake [P.W.5] came to his house and narrated that he saw the quarrel between deceased Madhav and accused Ashok in the field. Thereafter, first informant along with Uttam Hake and others went to the field of accused Ashok. They noticed there 'shirt' of deceased Madhav in the field and blood stains scattered at the place. Accused Ashok was present there. Upon enquiry with him, he disclosed that at 3.00 p.m., deceased left agricultural field. On such disclosure, accused Ashok left the place. Thereafter, first informant and others returned to village and thereafter they approached to police station Aundha. There, first informant gave report [Exh. 24] on 31/01/2001.

On following day, the Assistant Police Inspector [P.W. 11] Dnyanoba Mundhe visited the spot of incidence. He found there one 'shirt' having blood stains over the dried stems of the plants adjoining to the common boundary of the fields of Sambhaji Pole and accused Ashok. He also noticed round marks of dragging on the land from that place up to the nearby canal. He also noticed blood stains at different places. He seized those dried stems of Jawar stained with blood. The other incriminating articles were also seized by him. Dnyanoba Mundhe [P.W.11] thereafter gave wireless message to different police stations requesting to give information about any body if found in the canal area. On 08.02.2001, police officials of police station Limbgaon gave information on phone to P.W. 11 Dnyanoba Mundhe that dead body is found in the canal of village Talni. First informant Prabhakar identified the said body of his father. The inquest was done on dead body vide Inquest Panchanama [Exh. 35]. Postmortem was done on dead body. On 08/02/2001, first informant Prabhakar lodged report against accused Ashok [Exh. 23]. On the basis of the same, offence was registered vide Crime No. 17/2001 for the offences punishable u/s 302, 201 of the Indian Penal Code. The accused was arrested on 09/02/2001. His clothes were seized on 10/02/2001 from his person vide Seizure Panchanama [Exh. 36]. His statement u/s 27 of the Indian Evidence Act, 1872 was recorded and pursuant to his disclosure statement, 'axe' was recovered from his house on 10/02/2001.

4. After completion of the other investigation,