Shalini Phansalkar-Joshi, J.

1. The Appellant, who stands convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/-, in default to undergo R.I. for six months, by the Judgment dated 30th June, 2012 in Sessions Case No.199 of 2010, by the Additional Sessions Judge-5, Nashik, by this Appeal, challenges his conviction and sentence.

2. Facts, which are necessary, for deciding this Appeal can briefly be stated thus:-

On 18th June, 2010, at about 1 pm, when PW-1 Chunilal Zambre, along with his colleagues PW-4 Mhasu Shene and deceased Sham Gade, was returning from the assignment of completing the repair of Gate No.84, near Belatgavhan Gate, three unknown persons were standing by parking their motor cycles at the road side. One of them gave the blow of wooden log to PW-4 Mhasu on his back. Therefore, all the three of them fell down along with motor cycle. Then, those three persons assaulted deceased Sham with wooden logs on his head and left. As deceased Sham had sustained bleeding injury on his head, he was kept on the steps of bungalow nearby.

3. At the relevant time, Appellant came there and told PW-1 Chunilal and others to take injured Sham to the hospital. Therefore, PW-1 Chunilal and PW-4 Mhasu started searching for rickshaw. Taking that opportunity, Appellant rushed near the deceased and, blaming him for the suicide of his brother, removed the country made hand gun from his pocket and shot dead injured Sham. PW-1 Chunilal then informed on phone about the incident to his colleague PW-3 Dinesh Vispute and deceased's wife PW-13 Manisha Gade. Thereafter, in the official vehicle, injured Sham was taken to Nashik Civil Hospital, where he was declared dead.

4. On the complaint (Exhibit-56) of PW-1 Chunilal, Station House Officer Chavan registered C.R. No.64 of 2010 and handed over investigation of the same to PW-17 PI Kishor Suryavanshi. He immediately went to the spot and made Spot Panchanama (Exhibit-70). From the spot, he seized one white banyan, light blue rubber slippers, Nokia mobile battery, wooden handle of spade and the samples of simple and blood stained mud. He also seized under Panchanama Hero Honda Splendor Motor Cycle, which was lying there. On the same day, he apprehended Appellant vide Arrest Panchanama (Exhibit-85). At the time of arrest of Appellant, in his personal search, one country made hand gun and one empty cartridge were found, which came to be seized under Panchanama (Exhibit-126) in the presence of Panchas, namely, PW-10 Dheeraj Duglaj and PW-11 Pratap Walmiki. PW-17 PI Suryavanshi also seized the clothes on the person of the Appellant under Panchanama (Exhibit-128). On the same day, he recorded the statements of PW-4 Mhasu Shene and other witnesses.

5. On the next day, he recorded the supplementary statements of Informant, PW-13 Manisha, PW-6 Shantabai, wife and mother of the deceased, respectively, and that of PW-3 Dinesh Vispute. He sent seized muddemal articles to Chemical Analyzer vide Exhibit-133 including the clothes of the deceased, which were seized vide Panchanama (Exhibit-72). Further, he sent the country made hand gun and empty cartridge recovered from the Appellant to the Ballistic Expert vide letter at Exhibit-112. As a part of further investigation, he arrested the remaining co-accused and from the co-accused Sudershan, his motor cycle No.MH-15-CJ-5134 was seized under Panchanama (Exhibit-103). On the receipt of Postmortem Report (Exhibit-78) and the X-Ray Plate from PW-8 Dr. Shankhpal, he sent the same to Ballistic Expert vide letter (Exhibit-133). Further to completion of investigation and on the receipt of Ballistic Report and C.A. Report, he filed Charge-Sheet in the Court against the Appellant and other four co-accused.

6. On the case being committed to the Sessions Court, the Trial Court framed charge against the Appellant and other co-accused vide Exhibit-46 for various offences punishable