JUDGMENT :

(Abhay S. Waghwase, J.)

1. By way of instant Appeal, the Appellant-Original Accused, is assailing the judgment and order passed by learned Additional Sessions Judge, Pune dated 24th November, 2014 in Sessions Case No. 363 of 2013, by which Appellant stood convicted for commission of offence under Section 302 of the Indian Penal Code, 1860 [for short “IPC”] and sentenced to suffer life imprisonment. Brief facts before Ld. Sessions Court:-

2. The deceased-Laxman i.e. brother of complainant was working in Everest Consultancy Services, Vadgaon and he was residing in separate premises, but in the same building where brother/Complainant resided. Accused, and one Satish were friends of deceased-Laxman and they always shared each other’s company.

On 26.12.2012, deceased Laxman and complainant returned from their office. That time around 9 p.m. accused and other friend Satish were already present near there building and they were chatting. Laxman assured to join them after some time and went to his apartment. The complainant-brother also went to his room. Around 10.00 p.m. complainant heard commotion and so he rushed to the spot and there he saw accused Nilesh sitting on the chest