JUDGMENT

Ravindra V. Ghuge, J. - The appellant, by this appeal, seeks to challenge the judgment and order dated 12.02.2016, delivered by the learned Additional Sessions Judge-3, Osmanabad, in Sessions Case No.21/2015, vide which, the appellant was convicted for having committed an offence punishable under Section 302 r/w Section 201 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life.

2. On 01.11.2018, this Court had passed the following order in Criminal Application No.4056/2016 and had suspended the sentence and enlarged the appellant on bail :-

"1. Present application has been filed by the original accused for suspension of sentence awarded to him in Sessions Case No. 21 of 2015, for the offences punishable under Section 302, 201 of Indian Penal Code by learned Additional Sessions Judge - 3, Osmanabad.

2. The prosecution had come with a case that, an information was received from one Kiran Mahadeo Lagdive of village Shekapur Tq. Dist. Osmanabad that, he being the Vice President of Tanta Mukti Abhiyaan received message from one Prashant Bhairunath Shingare at about 08.00 to 08.30 a.m. on 20-12-2013 that a dead body of an unknown male person is lying under Babul tree near the bandh of his field. The dead body was covered with a bedspread. Upon this information, he transmitted the said information to police. API Vitthal Chandu Kale of Rural Police Station, Osmanabad went to the said place. Spot panchanama was carried out, thereafter inquest panchanama was carried out and then the dead body was sent for post mortem. After receipt of the post mortem report, the FIR was lodged. At the time of drawing spot panchanama, API Vithal Kale had seized a butt of cigarette, blood stains over the stone, residue of stone, simple earth and the bed-sheet having blood stains as well as footwear. After the post mortem was over, the clothes on the dead body of a male person namely pant, shirt, sweater, baniyan, handkerchief as well as chit was seized by drawing panchanama. It was stated in the chit that the it is written by Ganesh Keshav Shelke Tq. Faltan Dist. Satara that, one Shivaji Mohan Vidhate, Anand Mohan Vidhate and Hanuman Nagnath Vidhate attempted to kill him. Further from the wallet a ticket from Miraj to Tasgaon dated 19-12-2013 was seized. Further investigation was taken up and basically the offence was registered against unknown accused. Thereafter, after the wallet containing the name of the accused was found, accused was arrested, his house was searched. The handwriting in the chit is stated to be of the accused and it has been identified by P.W.5 the brother-in-law and P.W.8 Seema ex-wife of accused. Thereafter, the sample of saliva of the accused was taken, the seized articles were sent for chemical analysis, the chit as well as specimen handwriting of the accused were sent for the opinion of the handwriting expert. After conclusion of the investigation, when it was transpired that, even from the DNA report the profile matched with the accused, charge-sheet was filed.

3. Accused had pleaded not guilty, trial has been conducted. Taking into consideration the evidence on record and hearing both the sides, the learned trial Court has held the accused guilty of committing murder and thereby sentenced the accused to undergo rigorous imprisonment for life and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for one year, for the offence punishable under Section 302 of Indian Penal Code. Further for committing offence punishable under Section 201 of Indian Penal Code, he has been sentenced to undergo rigorous imprisonment for five years and pay fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for three months. The accused has challenged the said conviction in the appeal. The appeal has been admitted.

4. Accused contends that, the learned trial Judge has not appreciated the evidence properly. The chit was in fact found on the person of deceased was disclosing names of oth