JUDGMENT :

URMILA JOSHI-PHALKE, J.

1. By this appeal, the appellant (accused) challenges judgment and order of conviction dated 25.4.2019 passed by learned Sessions Judge, Yavatmal in Sessions Trial No. 39/2018 whereby learned Judge convicted him for offences punishable under Sections 449 and 302 of the Indian Penal Code.

For offence punishable under Section 449 of the Indian Penal Code, he was sentenced to suffer rigorous imprisonment for ten years and to pay fine Rs. 500/- and in default of payment of the fine amount to suffer rigorous imprisonment for three months.

For offence punishable under Section 302 of the Indian Penal Code, he is sentenced to suffer rigorous imprisonment for life and to pay fine Rs. 500/- and in default of payment of the fine amount to suffer rigorous imprisonment for three months.

Learned Judge below directed that all sentences of the accused shall run concurrently and also set-off under Section 428 of the Code of Criminal Procedure was given to him since he was in jail.

2. Brief facts leading to the prosecution case are summarized as follows:

Chhaya Kisan Pawar, who is informant and wife of deceased Kisan Pawar, has lodged a report with Ghatanji Police Station, Yavatmal on allegation that accused Laxman Pandurang Pawar is her brother-in-law. Her marriage with the deceased was performed and she is having three daughters from the said wedlock. As there was matrimonial dispute, she was residing separately in the same village along with her daughters. On 9.4.2018, at about 5:00 a.m. Ishwar Sakharkar approached to her and disclosed that her husband is not well and, therefore, she immediately went at the house of her husband and witnessed that her husband was lying in a pool of blood on the bed and he sustained injuries on his chest. At the spot, villagers namely Janrao Masulkar, Raju Pendor, Amar Masulkar, and Sanjay Sarode were present. They disclosed to her that her brother-in-law i.e. the accused assaulted her husband on 9.4.2018 at about 4:30 a.m. by a knife and committed his murder. She further alleged that the accused was suspecting illicit relation between his wife and the deceased and, therefore, he committed murder of her husband.

3. On the basis of the said report, the police have registered the offence vide Crime No. 135/2018 under Sections 302, 449 of the Indian Penal Code. After registration of the crime, wheels of investigation started rotating. During investigation, it revealed to Investigating Officer that the alleged incident is witnessed by villagers namely Janrao Masulkar, Raju Pendor, Amar Masulkar, and Golu alias Sanjay Bajirao Sarode and, therefore, he recorded their statements. The accused was caught by these three witnesses by chasing and handed over to the police. Therefore, Investigating Officer arrested the accused by drawing arrest panchanama in presence of panchas. The accused has thrown the knife near “Futane Pan Stall” on Ghatanji Akola Bazar Road which was seized by Investigating Officer in presence of panchas by drawing panchanama. The Investigating Officer had also visited the alleged spot of incident and drawn spot panchanama. He collected blood samples from the spot and also obtained photographs. The clothes of the deceased as well as clothes of the accused are seized. The Investigating Officer has also collected the blood samples of the deceased and the accused. All incriminating material was forwarded to Chemical Analyzer along with a requisition. After completion of investigation, he submitted charge-sheet against the accused.

4. Learned Magistrate has committed the case to the Court of Sessions. Learned Sessions Judge framed charge Exhibit-3. The accused pleaded not guilty and claimed to be tried.

5. To substantiate the charge against the accused, the prosecution examined in all seven witnesses namely PW-1 Yogiraj Nathuji Khantale, (Exhibit-14), pancha on spot; PW-2 Chaya Kisan Pawar, (Exhibit-22), informant and the wife of the deceased; PW-3 Janrao Madhaorao Masukar, (Exhi