JUDGMENT :

G.A. SANAP, J.

1. In this appeal, challenge is to the judgment and order dated 07.08.2018, passed by the learned Sessions Judge, Buldhana in Sessions Case No. 10 of 2017, whereby, the learned Sessions Judge convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer life imprisonment and to pay a fine of Rs.20,000/-and in default of payment of fine to undergo further imprisonment for one year.

2. The facts leading to this appeal are as follows:

PW-1 is the informant. On the basis of his report the first information report was registered on 04.11.2016 against the appellant. It is the case of the prosecution that the informant, his mother, father and three brothers are residing at Ambarnathgaon, Ulhas Nagar. The appellant who is the son of maternal aunt of the informant used to reside at Ambarnathgaon, Ulhas Nagar. The family of the informant and the appellant had gone to Ulhas Nagar for doing work. They had come to their native place for Diwali Festival of 2016. On 01.11.2016 the entire family of the informant went to the house of maternal uncle Samadhan Bhakare R/o. Sagwan Gairan on the eve of Bhaubij. On 03.11.20