JUDGMENT :

M.S. SONAK, J.

1. Heard Ms. Shweta Wankhede, learned counsel appointed under the Legal Aid Scheme to appear on behalf of the appellant and Mr. V.A. Thakre learned Additional Public Prosecutor for the respondent-State.

2. This appeal is directed against the judgment and order dated 31.08.2016 made by the learned Additional Sessions Judge, Nagpur in Sessions Trial No. 208/2013, convicting the appellant for an offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 10,000/- and in-default to under further rigorous imprisonment for one year.

3. The prosecution version is that the appellant was working with one Manoj Ahuja, a contractor, in the field of Prashant Pundlik Bhoyar at village Linga Pardi. The deceased Shankarrao Kokate was also working at the same site as Watchman. On 16.02.2013, Prashant had brought at the site 28 channels and 4 angles. Out of these, two angles and one channel were found to be missing. On inquiries, the deceased informed Prashant that it is the appellant, who had stolen the said channel and two angles. The appellant was angered with this allegation and bore a g