JUDGMENT :

REVATI MOHITE DERE, J.

1. The appellant has impugned the Judgment and Order dated 9th January 2014, passed by the learned Additional Sessions Judge, Malegaon in Sessions Case No. 72 of 2011, convicting and sentencing, him as under:

(i) for the offence punishable under Section 302 of the Indian Penal Code, to suffer rigorous imprisonment for life and to pay fine of Rs.2,000/- in default of payment of fine, to suffer rigorous imprisonment for two months.

(ii) for the offence punishable under Section 201 of the Indian Penal Code, to suffer rigorous imprisonment for one year and to pay fine of Rs.1,000/- in default of payment of fine, to suffer rigorous imprisonment for one month. Both the substantive sentences were directed to run concurrently.

2. The prosecution case in brief is as under:

According to the prosecution, deceased-Alkabai Shivaji Gaikwad, left home one day after a quarrel, to purchase some articles from the bazar. It is alleged that Alkabai’s two children i.e. PW 1-Vishwas Pawar and PW 2-Ratna Pawar saw the appellant i.e. their step father following their mother Alkabai to the bazar through Sawki Road. Thereafter, neither the appellant nor Alkabai returned home for