V. M. Deshpande, J.

1. The learned Additional Sessions Judge, Nagpur in Sessions Trial No. 99 of 2012 on 7th March 2013 recorded a finding of guilt against the appellant in respect of offence punishable under Section 302 of the Indian Penal Code for committing murder of Rameshwar @ Ramu and consequently, he ordered sufference of life imprisonment by the appellant and also to pay a fine of Rs. 1000/by him and in default, to suffer simple imprisonment for three months.

The appellant is before this Court and has questioned the correctness and legality of the said judgment.

A. THE PROSECUTION CASE :

2. During the course of trial, the prosecution has unfolded its case which is narrated hereunder :

Deepak Walvi (PW 12) on 11.11.2011 was duty officer at Police Station, Dhantoli, Nagpur. On the said day at about 06.45 pm, one person holding axe in his hand which was smeared with blood, came to Police Station. Deepak Walvi made enquiries with him. He disclosed his name as Omprakash Gayaram Nirmalkar (appellant). He was taken into custody by Deepak Walvi and handed over his custody to WPC Manjusha who was discharging guard duty. Deepak Walvi directed Head Constable Ayyub to take necessa