JUDGMENT :

Urmila Joshi-Phalke, J.

1. By this appeal, the appellant (accused) has challenged judgment and order of conviction and sentence dated 7.11.2020 passed by learned Additional Sessions Judge-2, Nagpur in Sessions Trial No.11/2016 whereby learned Judge below convicted the accused for offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay fine Rs.10,000/- and in default of payment of the fine amount to suffer simple imprisonment for six months. However, learned Judge below acquitted the accused of offence punishable under Section 201 of the Indian Penal Code.

2. The case of the prosecution as emerges from police papers and evidence recorded, in brief, can be summarized, as follows:

The accused was having live-in-relationship with a woman (deceased) and, therefore, they both came to Nagpur and were doing labour work. They were residing together as husband and wife. The accused and the deceased both were working as labourers at the construction site of one Mr.Singh at Beltarodi, Besa. On 1.9.2015, the accused left the place of work along with the deceased on a pretext that he is visiting his native place. The accused along with the deceased came at the house of his friend namely Kanhaiyya, at Dhamkaye Nagar, Jaripatka. They stayed at the house of said Kanhaiyya. As said Kanhaiyya was staying along with one Dharmendra Nemchand Lilhare, both went to sleep at the place of third person as the deceased and the accused stayed at their house. When they returned in the morning at their house, they found that the accused and the deceased were not in the room. They thought that both might have left their house and, therefore, they have ignored the fact that they left without informing them. On the next day, dead body of the deceased was found under new bridge of Kolar River at mouza Dahegaon. The said fact was informed to the police by one Watchman. Immediately, the police visited the alleged spot of the incident. The police have drawn the spot panchanama as well as inquest panchanama. While drawing the spot panchanama, the police seized articles like one green colour saree, two green and blue colour blouses, red colour petticoat, white colour shirt, one blue-white-black piece of shirt, one black colour brassiere and one black colour nicker, and two red colour blouse pieces. In another polythene bag, they found tobacco, comb, nokia phone, two slippers, two shoes, two mustard cards. The police also seized simple and blood stained soil. The police also noticed injuries on the person of the deceased and, therefore, the dead body was immediately shifted to the hospital for postmortem. After receipt of the postmortem report, it revealed that the death of the deceased is due to smothering. The First Information Report was lodged by one Subhash Babulal Guralikar who was working as a Security Guard at MSEB, Khaperkheda against an unknown person. During investigation, it revealed that prior to the incident the deceased and the accused were residing together. It further revealed that prior to the incident, the deceased and the accused were lastly seen together. At the time of the spot panchanama, mustard cards of the accused were also found along with the deceased. During the investigation, the involvement of the accused was revealed. Hence, chargesheet was filed against the accused after completion of the investigation.

3. As the offence punishable under Section 302 of the Indian penal Code is exclusively triable by the Court of Sessions, learned Judicial Magistrate First Class committed the case to the Court of Sessions for trial. The charge was framed against the accused vide Exhibit-6 and the accused pleaded not guilty and claimed to be tried.

4. In support the case of the prosecution, the prosecution has examined in all eight witnesses, as follows:

1. PW1 Khushal Mahadeorao Ingole, vide Exhibit- 22, pancha on spot;

PW2 Gautam Naresh Shrawankar, vide Exhibit-37, labour working wi