Vasanti A Naik, J.

1. By this Criminal Appeal, the appellant-Sanjay has challenged the judgment of the Adhoc Sessions Judge, Chandrapur dated 12.4.2016 in Sessions Case No.13 of 2015 convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay a fine of Rs.1,000/- and in-default of the payment of fine to undergo rigorous imprisonment for three months. The appellant is also convicted for the offence punishable under Section 324 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.500/- and in-default of the payment of fine to undergo rigorous imprisonment for one month.

2. According to the prosecution case, Ramdas Govinda Pote, who is the paternal uncle of appellant Sanjay had lodged a report on 17.10.2014 stating therein that he was residing in his house with his wife Shakuntala, son Vitthal, daughter-in-law Manisha and granddaughter Suhani. According to Ramdas, one of his daughters was married and was residing in her matrimonial home and his other son was residing at Rampur. It is stated that his younger son viz. Vitthal used to reside with him with his family and used to run a Kirana Shop. It is stated that his elder brother, namely Nagorao was residing with his family in the adjacent house. Nagorao had two sons and one daughter and his elder son Kawadu had died. Accused Sanjay was his second son and he was residing with his wife and children with his father Nagorao. It is alleged in the complaint that from about 10 to 12 days prior to the occurrence of the crime on 16.10.2014, Sanjay used to proclaim that Lord Hanuman had entered into his body and used to start worshiping him by calling all the members of his family. It is alleged that Sanjay used to proclaim that he was a godly person and God was residing in him. It is alleged that on 16.10.2014 when Vitthal returned from work at about 9.30 pm, appellant Sanjay entered into the house of Ramdas at about 1.00 O'clock in the midnight. It is alleged that appellant Sanjay told the members in the family of Ramdas that there was a ghost in their house and that God had asked him to remove the ghost by practicing exorcism. It is alleged that Sanjay started slapping all the members of the family of Ramdas, ordered them to take bath and operated the water pump in the courtyard of the house of Ramdas. It is alleged in the complaint that Sanjay drenched all the members of the family of Ramdas with water, thrust the water pipe in the mouth of Vitthal, sat on his chest and started shouting that he would remove the ghost from the body of Vitthal. It is alleged that since Sanjay was saying that nobody should come in between him and Vitthal, Ramdas and the members of his family did not intervene till Vitthal was motionless as he had apparently expired due to the thrusting of the water pipe in his mouth. It is alleged that after Vitthal stopped moving Sanjay turned towards the others viz. Ramdas and his family members and again drenched them with water. It is alleged that Sanjay then took a stone and hit it on the back of Ramdas. Ramdas sustained a bleeding injury on his head and screamed. It is alleged that the villagers came to rescue but Sanjay stood on the gate of the house and informed the people not to enter into the compound, as there was God in his body. On the basis of the complaint lodged by Ramdas, an FIR was registered against Sanjay for the offences punishable under Sections 302 and 324 of the Penal Code. The investigation commenced after the police arrived at the spot and conducted the spot panchanama. After the investigation was completed, the charge was framed against Sanjay. Sanjay pleaded not guilty and claimed to be tried. The prosecution examined Ramdas, who was the eyewitness to the crime and also examined two doctors that had conducted the postmortem of Vitthal and had medically examined both Ramdas and Vitthal.