Naresh H. Patil, J.

1. The appellant and other two accused were charged for offences punishable under Section 302 read with Section 34 and Section 120-B of the Indian Penal Code by the learned Additional Sessions Judge, Gadhinglaj in Sessions Case No. 5 of 2006. The accused pleaded not guilty.

2. By the judgment and order dated 3/5/2008, the learned Additional Sessions Judge, Gadhinglaj, acquitted original accused no. 2 - Vaiju Shivappa Majukar and original accused no. 3 – Waman Hiramani Jadhav for the offence punishable under Section 302 of the Indian Penal Code. The appellant/original accused no.1 – Uttam Vaiju Majukar was convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay find of Rs.5000/-, in default to suffer further rigorous imprisonment for three months.

3. The prosecution case, in brief, is that all the accused and the deceased were residents of village Dewarwadi. The acquitted accused-Waman Jadhav, was President of Vaijnath Temple and another acquitted accused-Vaiju Majukar was the Secretary. Said temple was administered by Pacchim Maharashtra Devasthan Samittee. The deceas