JUDGMENT :

T.V. NALAWADE, J.

1. The appeal is filed against the judgment and order of Sessions Case No.131/2014 which was pending in the Court of learned Additional Sessions Judge, Jalgaon. The trial court has convicted the present appellant of the offence punishable under section 302 of Indian Penal Code. Sentence of imprisonment for life is given. Both the sides are heard.

2. In short, the facts leading to the institution of the appeal can be stated as follows :-

The deceased Prashant @ Sopan was a son of informant Prakash Nikam. They are residents of village Pilkhod, Tahsil Chalisgaon, District Jalgaon. The accused is also resident of the same village.

3. On 12-3-2014 Sopan left home at 10.00 p.m. by saying that he was proceeding to the field to supply fodder to the cattle which were kept in the field. On the night between 12-3-2014 and 13-3-2014 Sopan did not return to home. The informant was sleeping in the workshop and at about 2.00 a.m. Sitaram Talware came there and informed that there was quarrel between Sopan and present appellant Bapu @ Chhotu and during quarrel Chhotu had run after Sopan with iron bar and Sopan had run towards the field. Due to this information and as Sopan had not returned home till 2.00 a.m. of 13-3-2014, the informant started searching for Sopan. He met present appellant and Bharati, a daughter of one lady by name Gumphabai. Chhotu informed that Sopan had taken away Gumphabai and by saying so he started quarreling with the informant. At about 3.30 p.m. when the informant accompanied by Pravin Mali and Dilip Mali were searching for Sopan, near the grocery stall of Gumphabai they heard the call of Gumphabai and she requested them to take her outside as her stall was locked from outside. They removed the lock and she came out. The informant then realised that present appellant, accused had given false information to them.

4. Chhotu also came there and he started assaulting Gumphabai. The informant and others rescued Gumphabai and then Gumphabai disclosed to them that at 11.30 p.m. Sopan and Chhotu were taking dinner in her house and at that time Chhotu had asked Sopan as to whether he had physical relationship with Gumphabai and upon that Sopan had informed that Gumphabai was like mother to him and he was unnecessarily taking such suspicion. Gumphabai informed that even after giving this explanation Chhotu rushed at Sopan. Gumphabai informed that she somehow rescued Sopan but Chhotu had become angry and he took iron bar and rushed at Sopan to assault him. She informed that Sopan had then run towards the field.

5. On 13-3-2014 the informant kept searching for Sopan but he could not trace Sopan. On 14-3-2014 when they were searching for Sopan, at 11.30 a.m. the dead body of Sopan was found in the field of Bhaskar Nathu Mahajan, where there was standing crop of sugarcane. There were injuries of assault on the dead body. The informant then gave report against Chhotu and crime at CR No.33/2014 came to be registered at 2.05 p.m. of 14-3-2014 for offence of murder against Chhotu. It was informed that out of suspicion that Sopan had illicit relationship with Gumphabai, murder was committed by the accused. Accused had kept Gumphabai as his mistress.

6. Inquest of the dead body was prepared and the dead body was referred for post mortem examination. Opinion was given that death took place due to cardio respiratory failure due to severe head injury.

7. During investigation, spot panchanama was prepared of the spot where the dead body was found. Iron bar was found near the dead body. Statements of the witnesses like Sitaram Talware, Pravin Mali, Gumphabai, Ashpak Khan, Dilip Mali came to be recorded and charge sheet came to be filed for aforesaid offence. Charge was framed for the aforesaid offence. The accused pleaded not guilty.

8. The prosecution examined in all 11 witnesses including investigating officer and medical officer, who had conducted post mortem. Gumphabai turned hostile. During investigation statement of