JUDGMENT :

(Shrikant D. Kulkarni, J.) :

1. This appeal is preferred by the appellant/original accused no.5 feeling aggrieved by the impugned judgment and order of conviction passed by the Additional Sessions Judge at Majalgaon in Sessions Case No.34 of 2013, whereby the appellant/original accused no.5 alone came to be convicted for the offence punishable under Section 302 of the Indian Penal Code (for short, “IPC”) and sentenced to undergo imprisonment for life and fine of Rs.2,000/- with default clause. The State seems to have not preferred the appeal against the order of acquittal in respect of accused nos.1 to 4 and 6 passed by Additional Sessions Judge at Majalgaon, whereby all of them came to be acquitted from all the charges including Section 302 read with Section 149 of IPC.

2. The facts of the prosecution case in narrow compass are as under :

a. Mr. Mohan Shrimantrao Sawase (first informant) is resident of village Laxmipur, Taluka Wadwani, Distrcit Beed. Shrimant Sheshrao Sawase (since deceased) was the father of the first informant. At the time of the incident, they were residing jointly.

b. According to the prosecution, father of the first informant and his two uncles had p