P.N. Deshmukh, J.

1. Challenge in this appeal is to the Judgment passed by learned Extra Joint Adhoc Additional Sessions Judge, Wardha in Sessions Trial No.147 of 2009 delivered on 29.1.2011 by which accused came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.1000/, in default to suffer rigorous imprisonment for three months. Accused is acquitted of the offence punishable under Section 201 of the Indian Penal Code.

2. The case of prosecution can be briefly stated as follows :

Pankaj Deotare, the Complainant lodged report to the effect that, on 1.8.2009, at around 9.00 p.m., when he went out for visiting to pan shop of one Sanjiv Chaudhari, deceased Khushal Patil met him on the way, who asked Complainant to accompany him to the house of one Ashik Sweeper saying that Ashik had called him for settlement of case pending between them and for that reason, Complainant accompanied deceased and both of them proceeded to house of Ashik on a two wheeler. Deceased was travelling as a pillion rider. On reaching to the house of Ashik, father of Ashik informed that he was n