JUDGMENT :

Abhay S. Waghwase, J.

1. Feeling aggrieved by the judgment and order of conviction dated 02.11.2016 passed by learned Additional Sessions Judge, Ambajogai, Dist Beed in Sessions Case No.72 of 2015, thereby holding appellant guilty for offence under section 302 of Indian Penal Code (IPC), accused has filed instant appeal by invoking section 374(2) of the Code of Criminal Procedure (Cr.P.C.).

PROSECUTION CASE IN TRIAL COURT

2. Appellant son of PW3-Damu had three daughters, namely Nikita, Nakula, Sangita and a son, namely Sunil. He did not work for his living and was rather addicted to liquor. As a result, there used to be quarrels between him and his wife and she resultantly left the children and went to stay with her parents with daughters, namely Nakula and Sangita, whereas deceased Nikita and son Sunil were put up with PW3 Damu – grandfather.

3. According to prosecution, on 10.07.2015, accused went to fetch his wife back, but she did not return. As a result of which, accused was frustrated and annoyed. On 10.07.2015, after dinner appellant went to PW3 Damu and declared that he would finish one by one. He thereafter took Sunil and Nikita to his house. According to prosecution