JUDGMENT :

Milind N. Jadhav, J.

1. The learned Additional Sessions Judge, Pune, by judgment and order dated 07.03.2015, has convicted Shri. Sagar hagwan Dembre (originally Accused No. 1, hereinafter referred to as “the Appellant”) of the offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short, “IPC”). The learned Sessions Judge has sentenced the Appellant to suffer imprisonment for life, to pay a fine of Rs. 5,000.00, and in default thereof, to undergo rigorous imprisonment for one year. The Appellant is in appeal against the said judgment and order convicting him in Sessions Case No. 173 of 2015. The Trial Court has concluded that the guilt of the Appellant has been proved beyond reasonable doubt on the basis of the evidence on record, despite minor shortcomings in the Prosecution’s case.

2. Before we advert to the submissions made by the respective advocates and to the reappraisal of the evidence on record, it will be apposite to refer to the relevant facts of the incident briefly.

2.1. On 29.10.2012, at about 3:50 PM, Shri. Harshal Avinash Joshi (hereinafter referred to as “the deceased”), Shri. Sunny Paigude (P.W. 5) and Shri. Amit R. Sa