JUDGMENT

S. M. Modak, J. - Issue involved in this appeal is whether the theory of homicidal death is to be believed or whether the theory of homicidal death is doubtful on the basis of available investigation papers thereby suggesting accidental death ?

2. Trial Court i.e. the Additional District and Sessions Judge, Solapur had chosen to accept the theory of homicidal death and convicted the present appellant for committing murder of one Pooja Balaji Bansode. He was convicted for the offence punishable under section 302 of IPC. He has challenged the correctness of the said judgment before us.

3. We have heard Mr. Ganesh Bhujbal, the learned Counsel for the Appellant, Mrs. M. M. Deshmukh, the learned APP for Respondent No.1-State and Mr. Shantanu Phanse, the learned Counsel (Appointed by Legal Aid Panel) for Respondent Nos.2 to 5. Respondent Nos.2 to 5 are the daughters of deceased Pooja and they have been joined as the Trial Court was pleased to award them compensation of Rs.40,000/- from the fine amount of Rs.50,000/-, which has not been deposited by the Appellant. This Court granted him bail.

4. After perusing the record with the assistance of both the sides, we are inclined to hold