JUDGMENT

VIBHA KANKANWADI, J.

1. Present Appeal has been filed by the original accused to challenge his conviction in Sessions Case No.21 of 2016 on 13th July 2016 by the learned Additional Sessions Judge, Dhule after holding him guilty of committing offence under Section 302, 201 of the Indian Penal Code.

2. Present accused himself is the informant who lodged the First Information Report (for short “the FIR”) on 26th November 2015 with Mohadi Police Station, Dhule. He has informed that 15 days prior to the FIR he joined the services on the truck bearing No.MH-18-AA-0696 owned by one Rahulseth Agrawal. Deceased driver Rakesh Badole was also serving with him with the same employer. He as well as deceased loaded wheat for delivering it at Solapur from Palsud in the said truck. They had started 6 to 7 days prior to the FIR. Their truck experienced problem in the starter at Sendhawa and therefore, they had informed the employer about the same. Thereafter, they got the truck repaired and started their journey again. Via Shirpur they came near Dhule but again in Laling Ghat section their truck experienced problem. Again the employer was contacted. The mechanic was called at the spot. Crane