Vibha Kankanwadi, J.

Present appeal has been filed by the original accused no.01, challenging his conviction for the offences punishable under Section 302 and 394 of the Indian Penal Code, in Sessions Case No. 65 of 2013, by District Judge-4 & Additional Sessions Judge, Ahmednagar, dated 21.10.2015.

2. The prosecution has come with a case, that informant Kusum Dattatraya Vethekar (PW 02) is resident of Ghargaon Khomne, Taluka Shrigonda, District Ahmednagar. She used to reside with her husband, parents-in-law, one son and one daughter. Her husband was serving as driver with M.I.D.C., Ranjangaon Ganpati. He used to visit the house on every Saturday and Sunday. Their house is situated in the field. All of them including her husband had taken dinner around 08.00 p.m. and watched T.V. till 11.30 p.m. on 11.11.2012. Thereafter, she and her husband went to sleep in one room. Her son went to sleep in the middle room. Her parents-in-law and daughter slept in the third room. While going for sleeping, they had locked the gate to the veranda (Padvi) of the house. But the three doors of the house were open. Around 01.00 a.m. of 12.11.2012, she heard shouts of her father-in-law and, ther