By the present appeal, the appellant who stands convicted for the offence punishable under Section 304 Part II of Indian Penal Code is sentenced to suffer R.I. for five years and to pay fine of Rs. 1000/- and in default of payment of fine to suffer further R.I. for four months, is before this Court.

2. Sub-Divisional Police Officer (SDPO) Ravindra Prabhakar Shegaonkar was posted at Morshi from October 1992 to June-1993. The P.S.O. Shirkhked is within the territorial jurisdiction of SDPO, Morshi.

Maroti Tukaramjji Taiwade (PW1) came to P.S. Shirkhed on 16/10/1992. He lodged his oral report (Exh.43) before SDPO Ravindra Shengaonkar (PW-12). By the said report it was reported that he owns auto-rickshaw bearing registration no. MH27471 and the said autorickshaw used to ply by his brother Vasant Tukaramji Taiwade (deceased). He used to ply the said autorickshaw in between Nerpingali to Legaon fata. On 16/10/1992 when the first informant (PW1) returned from his agricultural field that time he was informed that his brother Vasant and Gaffur Khan (appellant) had a quarrel at Nerpingali bus stop. Thereafter Vasanta and appellant Gaffur Khan proceeded towards Legaon fata in autoricks