JUDGEMENT :

Milind N. Jadhav, J.

1. This is an Appeal against conviction by the Appellant (accused) challenging the legality of Judgment dated 31.01.2013 passed by the Additional Sessions Judge, Court of Sessions, Satara in Sessions Case No.26 of 2012 convicting the Appellant under Section 302 of the Indian Penal Code (for short “IPC”) and sentencing him to suffer life imprisonment and fine of Rs.1,000/-, in default of payment of fine to suffer rigorous imprisonment of six months and to pay compensation of Rs.50,000/- to the mother of the deceased.

2. Appellant – Noor Ahmed Mohammed Bagwan (accused) is nephew of Rajjak Sikandar Bagwan. Deceased Aman is son of Rajjak Sikandar Bagwan and Shaheen Rajjak Bagwan. Rajjak Sikandar Bagwan is the first informant (complainant). Prosecution case is based on circumstantial evidence.

3. Case of the prosecution is as under:-

3.1. Deceased Aman, aged 12 years studied in 7th standard in Premalatatai Chavan High School, village Maltan, Taluka Phaltan. As usual on 28.11.2011 Aman had his meals at about 12:00 noon and left for school. His school timings are from 12 noon to 5:00 p.m. Since he did not return home after 5 p.m., his father Rajjak alongwith so