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 ther