SHALINI PHANSALKAR-JOSHI, J.

1. This appeal is directed against the judgment and order passed by Additional Sessions Judge, Karad, District Satara, in Sessions Case No. 27 of 2010 on 28/02/2013, thereby convicting the Appellant for the offence under Section 302 and 201 of the Indian Penal Code (IPC) and sentencing him to suffer R.I. for life and to pay fine of Rs. 5000/- in default of payment of fine to suffer R.I. for 6 months on the first count; and R.I. for three years and to pay fine of Rs. 3000/- in default of payment of fine to suffer R.I. for 4 months on the second count.

2. Brief facts of the prosecutions case can be stated as follows:—

Deceased Sikandar Ismail Patel was the uncle of informant PW-8 Ajmir Jahangir Patel. Deceased was residing along with his brothers PW-6 Mahamad Ismail Patel, Jahangir Ismail Patel and Ahmad Ismail Patel at Old Padali, Tq. Karad, District Satara; whereas Appellant, who is the cousin brother of the deceased, was residing at the distance of 2 k.m. at New Padali, Tq. Karad, District Satara. The lands of Appellant and the deceased were adjacent to each other. The land of the deceased was irrigated through Lift Irrigation Scheme. About 5 to 6 years prior to the incident, Appellant had demanded the water of Lift Irrigation of the deceased to his sugar-cane field. However, the deceased refused to give such water and therefore, the relations between Appellant and the deceased were not cordial.

3. On 26/12/2009 at about 9.00 p.m. to 9.15 p.m., PW-8 Ajmir Jahangir Patel was going to the place of Panja (Tabut), at that time, on the road, near the old school, Old Padali (Kese), Tq. Karad, Dist. Satara, he saw Appellant was assaulting the deceased with iron pipe by falling him on ground. The deceased was shouting loudly. Thereupon, Appellant inflicted several blows of axe on the neck of the deceased. Seeing it, PW-8 Ajmir Jahangir Patel got frightened. By that time hearing the shouts, his father Jahangir Ismail Patel and uncle PW-6 Mahamad Ismail Patel also rushed there. During this time, Appellant had separated the head of the deceased and carrying that head by holding it with hair in one hand and carrying axe and iron pipe in another hand Appellant started running on the road shouting that he will not spare any one (“Kisiko Choudunga Nahi”). Appellant threw away that decapitated head of the deceased at the distance of 200 to 250 ft. by the side of the road.

4. After witnessing this incidence, PW-8 Ajmir Jahangir Patel went to Police Station at Karad. PW-10 P.I. Mahadev Dhere has recorded the complaint of PW-8 Ajmir Jahangir Patel, vide Exh.62, and on his complaint registered C.R. No. 389 of 2009 against Appellant for the offence under Section 302 and 201 of IPC. Then, PW-10 P.I. Dhere and police staff went to the spot of incident. There he conducted the inquest panchanama vide Exh.35, of the dead body and the decapitated head, and sent the same for postmortem examination. On the same night, he prepared the spot panchanama vide Exh.43 and from the spot he collected the blood mixed soil, battery (torch), plastic tambya i.e. pressed pot, turkish towel, iron pipe and other incriminating articles. Thereafter, he arrested Appellant and seized the clothes on his person under panchanama Exh.72. On the next day, he recorded the statements of about eight witnesses including that of PW-6 Mahamad Ismail Patel. As per the opinion received from the Medical Officer, the various injuries found on the person of the deceased were caused due to the blows of the axe. During the course of investigation, at the instance of Appellant, the axe was seized under panchanama Exh.74. All the seized Muddemal Articles were sent to Chemical Analyzer and after completion of usual investigation, PW-10 P.I. Dhere has filed Charge-sheet in the Court against Appellant.

5. On committal of the case to the Sessions Court at Karad, the Trial Court framed Charge against Appellant vide Exh.27. The Charge was read-over and explained to A