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