JUDGMENT :

N.B. Suryawanshi, J.

1. Heard.

2. By this appeal the appellant/original accused challenges the impugned judgment and order dated 1 August 2002 passed by Additional Sessions Judge, Khamgaon in Sessions Trial No. 16 of 1996 thereby convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment and to pay fine of Rs. One Thousand with default clause and under Section 201 of the Indian Penal Code with a sentence of rigorous imprisonment for seven years and to pay fine of Rs. Five Hundred with default clause.

The case of prosecution, in short, is as follows:

3. On 09/09/1995 Complainant Rajkumar Tiwari (P.W. No. 8) orally reported to Hiwarkhed Police Station that on that day at about 4.00 p.m. he and his driver Sudhakar were returning from Ganeshpur in his Matador bearing No. MH-28/5189. When they reached near bridge situated at milestone No. 9, he saw Truck No. MH-12/7341 parked on the road side and by the side of that truck in korati bushes smoke was coming out. Out of curiosity the complainant and his driver stopped their vehicle. Suddenly one person entered in the truck. On reaching near the flames the complainant and his dri