JUDGEMENT :

Milind N. Jadhav, J.

1. This Appeal questions legality of Judgment and Order dated 30.12.2016 passed by the Additional Sessions Judge, Khed-Rajgurunagar, District Pune (for short, “Trial Court”) convicting the Appellant (original accused) under Section 235(2) of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”) for the offence punishable under Section 302 of the Indian Penal Code 1860 (for short, “IPC”) arising out of C.R. No. 320 of 2013 registered with Narayangaon Police Station and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 5000/- and in default of payment of fine to suffer rigorous imprisonment for 4 months.

2. The gist of facts which emerge for consideration are as under:-

2.1. On 19.11.2013 at about 7:30 a.m., Vitthal Hadasare gave a phone call to complainant, Bhaskar Popat Kale and informed him that his father Popat Kale was lying dead behind Belheshwar School at Belhe. After receiving the information, the complainant along with his cousins Chandrakant Kale, Jaganath Kale, Ganesh Kale and Vitthal Hadasare rushed to the spot of incident at Belhe, Tal. Junnar at about 8:15 a.m. After arriving they identified the body of deceased