JUDGMENT :

The learned Sessions Judge, Solapur in Sessions Case No.84 of 1996 held the appellant guilty of the offence punishable under Section 304 (Part II) of the Indian Penal Code, 1860 (‘IPC’ for short) and sentenced to suffer rigorous imprisonment for five years and fine of Rs.3,000/- in default to suffer rigorous imprisonment for one year. Aggrieved accused in the subject Sessions Case has preferred this appeal.

2. Prosecution case in brief is that, on 29th November, 1995 at 9 p.m. or there about accused caused the death of Sidhappa Vithoba Koli by inflicting blow on his head by wooden stick, to which he succumbed, while undergoing the treatment in the Civil Hospital at Solapur. Prosecution case rests on the ocular evidence of Mangal (P.W.1) and Balasaheb Herkar (P.W.5). The incident in question occurred on 29th November, 1995 at Village: Kusur in front of the hotel of the deceased. The incident was reported to police at 00.20 hours by Mangal Koli (P.W.1), niece of the deceased. Accused was chairman, of the milk dairy at Village: Kusur. Balasaheb Herkar (P.W.5) was member of the dairy and he was present when the incident occurred as he had been to dairy to collect the dues of t