JUDGMENT

MILIND N.JADHAV, J. - This Criminal Appeal challenges the Judgment and Order dtd. 25/3/2015 passed by the learned Additional Sessions Judge, Pune (for short "Trial Court") in Sessions Case No.34 of 2012 convicting Appellant under Sec. 235(2) of the Criminal Procedure Code, 1973 (for short "Cr.P.C.") of offence punishable under Sec. 302 of the Indian Penal Code (for short "IPC") and sentenced to undergo imprisonment for life and to pay fine of Rs.100.00.

2. Prosecution case is as under:-

2.1. On 3/9/2011, one Darpan Divakar Desai from his mobile No.9822076722 gave a phone call to PW - 1 Ashok Kisanrao Patil, PSI Wanwadi Police Station, Pune informing that at Shivarkar Road in front of Axis Bank on the footpath one person had assaulted a pedestrian with an iron angle (iron rod). That due to the blow the pedestrian fell down on the footpath in an injured condition and blood was oozing from his head. That after the pedestrian fell down on the ground, the Appellant inflicted a second blow with the iron rod on the injured pedestrian's head.

2.2. The informant along with Police Inspector Muthe and staff members came to the spot of incident and saw that deceased was lying on the ro