S.S. SHINDE, J.

1. This Appeal is directed against the Judgment and order dated 12th August, 2013, passed by the Additional Sessions Judge, Vaijapur in Sessions Case No. 234 of 2012 (Old Sessions Case No.323 of 2011) thereby convicting accused No.1/Appellant Sambhaji s/o Kachru Kolhe for the offence punishable under Section 302 of the Indian Penal Code (for short "I.P. Code") and sentencing him to suffer imprisonment for life and to pay a fine of Rs.5000/-, and in default, to suffer further rigorous imprisonment for one year. The trial Court also convicted accused No.1/Appellant Sambhaji s/o Kachru Kolhe for the offence punishable under Section 201 of the I.P. Code and sentenced to suffer imprisonment for three years and to pay a fine of Rs.1000/-, and in default, to suffer further rigorous imprisonment for six months. Both the sentences were directed to be run concurrently. Hence this Appeal is filed by the Appellant challenging the conviction and sentence.

2. Before the trial Court there were in all four accused including Appellant/accused No.1 Sambhaji s/o Kachru Kolhe, his father accused No.2 Kachru Baburao Kolhe, his mother, accused No.3 Indubai Kachru Kolhe and his brother, accused No.4 Bhaskar Kachru Kolhe. The trial Court acquitted accused Nos.2 to 4 from the offence punishable under Section 498A read with 34 of the I.P. code, with which they were charged. The trial Court also acquitted Appellant Sambhaji s/o Kachru Kolhe from the offence punishable under Section 498A of the I.P. Code.

3. The prosecution case, in brief, is as under:-

(A) It is alleged that accused No.1 Sambhaji on 25th May, 2011, at about 18.30 hours to 19.00 hours at the agricultural field of one Santosh Bhusare situated in Gut No.188 in the vicinity of village Ghaigaon, Tahsil Vaijapur, committed murder of deceased Mandabai and his son Bittya by throwing them into the well after beating them and knowing or having reason to believe that the offence punishable under Section 302 of I.P. Code has been committed, caused certain evidence in connection with the said crime to disappear i.e. threw dead bodies of deceased into the well with intention to screen himself from legal punishment.

(B) It is alleged that on 25th May, 2011, or prior to that at Mauja Khambala accused No.1 being the husband of deceased Mandabai and accused Nos.2 to 4 being her in-laws, subjected her to cruelty on account that she was not good looking and on account of demand of Rs.50,000/- to purchase the land.

(C) It is the case of the prosecution that PW-1 Sahebrao is father of deceased Mandabai. Deceased Mandabai was married to accused No.1/Appellant on 17th April, 2008. After marriage she was residing with the accused at Mauja Khambala. After one year of her marriage, she delivered a male child, namely, Bittya.

(D) It is the case of the prosecution that all the accused used to beat and abuse Mandabai on account that she was not good looking. Whenever deceased Mandabai was visiting house of PW1 Sahebrao, she used to narrate the alleged ill-treatment by the accused. Deceased Mandabai had told to her father that accused were demanding Rs.50,000/- for purchasing the agricultural land. Sahebrao could not pay the amount of Rs.50,000/-. Therefore, the accused used to beat and abuse deceased Mandabai. Sahebrao had tried to convince the accused, but in vain.

(E) On 22th May, 2011 i.e. Sunday, deceased Mandabai, her motherinlaw Indubai and her husband accused No.1 Sambhaji had been to village Wanjargaon for attending the marriage ceremony of daughter of Shobha. After marriage, Mandabai and her son Bittya stayed in the house of Sahebrao, and accused No.1 Sambhaji and accused No.3 Indubai had gone to village Khambala. Thereafter on 25th May, 2011 at about 4.00 to 5.00 p.m. accused No.1 Sambhaji had been to the house of Sahebrao on motorcycle. Accused No.1 Sambhaji in a heat of anger took deceased Mandabai and deceased Bittya with him on motorcycle. Thereafter on 26th May, 2011 Sahebrao had bee