JUDGMENT

Urmila Joshi-Phalke, J. - By this appeal, the appellant challenges judgment and order dated 16.3.2018 passed by learned Additional Sessions Judge-4, Nagpur in Sessions Trial No.433/2015 whereby he is convicted for offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and to pay fine Rs.500/- and in default of payment of the fine amount to suffer rigorous imprisonment for two months. The appellant is also given set-off under Section 428 of the Indian Penal Code since he was in jail.

2. Heard learned counsel Shri S.G.Joshi appointed for the appellant and learned Additional Public Prosecutor Shri T.A.Mirza for the State.

3. The material on the case of the prosecution unfolds as under:

on 22.4.2015, informant Ganesh Manu Kodwate had lodged report at Deolapur Police Station, district Nagpur contending that he is serving in Defence as Constable and posted at Arunachal Pradesh. His family members i.e. wife, mother, deceased brother Manoj and wife of Manoj are staying at Junewani. On 14.4.2015, he came to Junewani on leave for 45 days. It is alleged by him in the First Information Report that on 22.4.2015 he had been to village Deolapar and returned at about 11:15 a.m. to Junewani. After returning home, his wife informed him that a quarrel had taken place between his brother Manoj and Radheshyam, the appellant (for short, the accused). It is further alleged by him that when he was taking lunch, one Anil Uike came to his house and informed him that the accused had given a knife blow on the person of Manoj. He immediately rushed to Umri and visited the house of the accused, but he came to know that the incident occurred at Junewani. When he was returning, his wife informed him that the alleged incident had occurred at the house of one Kawadu Kokode. The informant immediately rushed towards the house of said Kawadu and saw that his brother Manoj was lying in an injured condition and sustained injuries on chest, shoulder, and cheeks. He immediately removed Manoj to the Government Hospital, but he was declared dead. It is alleged that his one of brothers namely Manohar is staying at the house of the accused. The quarrel was taken place as Manoj had brought daughter of Manohar at his house.

4. On the basis of the said report, the crime was registered vide Crime No.20/2015. After registration of the crime, Investigating Officer has visited the alleged spot of the incident and drawn the spot panchnama. The incriminating article knife was seized from the spot of incident during the investigation. The blood stained clothes of the deceased as well as blood stained clothes of the accused were seized. The incriminating articles were forwarded to Chemical Analyzer. The Investigating Officer had collected the postmortem notes and Chemical Analyzer's Reports and after completion of investigation, submitted chargesheet against the accused.

5. Learned Magistrate committed the case to the Court of Sessions. The charge was framed against the accused vide Exhibit-

5. The accused pleaded not guilty and claimed to be tried.

6. To substantiate the charge, the prosecution examined in all 9 witnesses, as mentioned below: