Revati Mohite Dere, J.

This appeal is directed against the judgment and order dated 7th June, 2011 passed by the learned Additional Sessions Judge, Gadhinglaj, Kolhapur, in Sessions Case No. 13 of 2010, convicting and sentencing the appellant as under :

for the offence punishable under Section 302 of the Indian Penal Code ('IPC'), to suffer RI for life and to pay fine of Rs. 2,000/-, in default, to suffer RI for 1 year;

for the offence punishable under Section 201 r/w 511 of the IPC, to suffer RI for 3 years and to pay fine of Rs. 1,000/-, in default, to suffer SI for 1 year;

The said sentences were directed to run concurrently.

2. The prosecution case in brief is as under :

According to the complainant Kasim Nadaf (PW 3), the owner of a Mahindra Pick-up van, on 3rd March, 2010, when he was waiting at the stand for his vehicle to be hired, the appellant came up to him and stated that he wanted to carry domestic articles from Waghrali to Sawantwadi. The fair was settled for Rs. 1,600/-. Kasim went with his vehicle to Village Waghrali and the appellant loaded his articles in the van. The vehicle then proceeded to Sawantwadi via Ajra. Before reaching Sawantwadi, the vehicle stopp