S.S. Shinde, J.

1. This Criminal Appeal is filed by the appellant [original accused], challenging the judgment and order dated 07.05.2011 passed by the Additional Sessions Judge, Beed in Sessions Case No. 1/2011, thereby convicting the appellant for the offence punishable under Section 302 of I.P.Code and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.1,000/- in default to suffer one month rigorous imprisonment.

The prosecution case, in brief, is as under:

2. Mr. Pathan Rahimkhan Sherkhan, resident of Mominpura, Beed, lodged a report to the P.S.O. of Peth Beed Police Station orally that, he is having business of brick kiln. There is one small well near brick kiln. He has gone near well and saw dead body of Sk. Raju son of his labourer Sk. Jabbar Sk. Sattar, floating in well water. Accordingly, his report was reduced into writing and thereupon case of accidental death bearing No. 23/2010, under Section 174 of Criminal Procedure Code was registered by P.S.O. of Peth Beed Police Station.

3. Thereupon PSI Gir along with his staff and informant Pathan Rahimkhan went on spot. Police with the help of other persons, who were gathered there, withdrawn dead body out of well. It was seen that, both hand and leg of deceased were tied by Sutali [thin jut rope]. PSI Gir in presence of two panchas drew inquest panchanama on 16.09.2010, in between 8.15 to 9.00 p.m. Thereupon he has also drawn panchanama of place of incident during the period from 9.00 a.m. to 9.45 a.m. On next day, the dead body was sent for post mortem examination to Civil Hospital, Beed. Medical Officer Dr. Pravin Deshmukh conducted post mortem examination from 11.30 a.m. to 12.30 p.m. and issued provisional death certificate expressing his opinion as probable cause of death was ‘due to drowning’. White shirt, green pant and pieces of thin thread rope i.e. Sutali, by which hand and legs of deceased were tied, came to be seized under panchanama drawn at about 12.00 to 12.45 p.m. Thereafter dead body was handed over to relatives of deceased.

4. Thereafter, the appellant i.e. original accused himself lodged First Information Report on 16.09.2010 at about 5.30 p.m. According to contents of said FIR, appellant is resident of Mahammadiya Colony, Beed, where he along with his wife Shahedabee and two sons Raju and Sk. Altaf are residing together. His parents are residing separately at Mohammadiya Colony, Beed. He is having three sister-in-law [his wife’s sister] namely Sk. Banu, Sk. Shama and Sk. Samina, and they all are married. His father in law and mother in law died leaving one house consist of three rooms totally admeasuring 30 x 30 at Mohammadiya Colony. They have no son, therefore, their four daughters are the legal heirs and owners of said house. He himself, along with his wife and family are residing in one room whereas his brother in law Sk. Badal has acquired two share of Sk. Samina and Sk. Banu by paying Rs.5000/- to each. Accordingly, Sk. Badal along with his wife and family are in occupation of two rooms and are staying in said two rooms.

5. It was further alleged that, Sk. Badal was persistently asking him to give share of his wife to him. However, he has declined to give share of his wife to Sk. Badal. Said Sk. Badal was raising quarrel with him by making false allegations that, he is having illicit sexual relation with Shama w/o. Shaikh Badal.

6. According to his further report, on 16.09.2010 on Tuesday at about 5.00 to 5.30 p.m., his son Shaikh Raju asked him that, he want to eat Jamun [Gulab Jamun]. Therefore, he and Raju went to Hotel of Khalibhai at Mominpura where he has taken Gulab Jamun and after eating Gulab Jamun Raju parted from him so as to go at home. According to his further report later on at about 9.00 to 9.30 p.m., he had been to his home. Raju was not at home. He made an enquiry with his wife. His wife replied that, Raju never came to home. They were under impression that as usual Raju might have gone to sleep at the h