JUDGEMENT :

Vibha Kankanwadi, J.

1. Rule. Rule made returnable forthwith. Heard learned Advocates for the parties finally, by consent.

2. Present appeal has been filed by the original accused, who has been convicted for committing offence punishable under Sections 302 and 309 of Indian Penal Code by learned Additional Sessions Judge, Sangamner on 06.03.2014 in Sessions Case No.64 of 2012.

3. The prosecution story in the nutshell is that one Tanaji Keru Kadam, who was the Police Patil of village Pimpri Louki, Ajampur, Tq. Sangamner, Dist. Ahmednagar gave report with Sangamner Police Station on 19.08.2012 stating that around 5.00 a.m. on the same date, two villagers from his village i.e. Karbhari Ganpat Lawre and Jayram Lahanu Datir went to his house. They told that a boy by name Sunil Arjun Datir told them that his mother Latabai is sleeping in the Veranda (Padvi) of the house, she is not waking up and blood has oozed out of her head. Tanaji along with other two persons had gone to the house of Sunil and saw that Latabai was dead. She had sustained injury to her head and, therefore, on the basis of the said information A.D. under Section 174 of the Code of Criminal Procedure came to be