JUDGMENT :

(Abhay S. Waghwase, J.) :

1. Vide instant appeal exception is taken to the Judgment and order of conviction passed by learned Additional Sessions Judge, Nanded dated 14.01.2019, convicting appellant Santosh for offence punishable under section 302 of Indian Penal Code (IPC) and sentencing him to suffer life imprisonment and to pay fine of Rs.1,000/, in default to suffer rigorous imprisonment of one month.

2. In brief, prosecution was launched by Ardhapur Taluka police Station, alleging civil dispute between accused Santosh and deceased Gunaji in the backdrop of some partition of land. According to prosecution, incident took place on 29.04.2016, in which present appellant allegedly assaulted deceased by means of iron spade and wooden log. Informant reported the occurrence to the police, who registered crime bearing no.77 of 2016, which was investigated by PW9 PSI Avachar and PW10 API Dantulwar, respectively and Ardhapur police challaned appellant with charge of 302 of IPC. This was followed by trial by Learned Additional Sessions Judge, Nanded, who, on appreciating the evidence on record, vide judgment dated 14.01.2019 held charges proved and passed the impugned Judgment of