S.S. SHINDE, J.

1. This Appeal is directed against the Judgment and order dated 4th July 2013, passed by the Sessions Judge, Latur in Sessions Case No.26 of 2012 thereby convicting accused/Appellant Amin Hiraji Tamboli 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.1000/and in default to suffer rigorous imprisonment for two months.

2. The prosecution case, in brief, is as under:

(A) At the material time, the accused-appellant was a driver on a truck bearing No.MH17T9856, owned by Pandurang Bhawar, resident of village Dev-Daithan, Tq Shrirampur, Dist Ahmednagar, who was the transporter by occupation. On the said truck deceased Mahavir Prabhakar Waghmare was a cleaner.

(B) On 22nd August 2011, the accused as a driver, and the deceased, as a cleaner, on the truck bearing aforestated number, left village Dev-Daithan, Tq Shrirampur, Dist Ahmednagar. On the same day, in the evening, the truck was loaded at Ahmednagar and then the accused and the deceased transported the goods to Solapur. At Solapur, the truck was unloaded and then it was taken to the Office of H