JUDGMENT :

ABHAY S. WAGHWASE, J.

1. Instant appeal arises out of the judgment and order passed by Sessions Judge, Parbhani dated 22.01.2019 in Sessions Case No. 121 of 2016 convicting appellant-accused no.1 for the offence punishable under Section 302 r/w 34 of the Indian Penal Code [IPC] and Section 27 r/w 5 of the Arms Act.

2. PW6 Jaya set law into motion by lodging report at Charthana Police Station on 03.06.2016 alleging that at around 12.00 noon on on that day, appellant Ranjeet approached her and her husband while they were in the house and informed about some bad mouthing regarding her in the village. Deceased allegedly questioned appellant Ranjeet for defaming. According to her, around 3.30 p.m., while she, her husband and her mother-in-law’s sister i.e. PW7 Nilabai were in the house, appellant came armed with handle of axe, abused deceased Datta and gave blows of handle of axe on head and chest and also stabbed him with knife in the rib part. Remaining accused, namely, Haribhau, Sonabai and Sakhubai used sticks in assaulting him. Thereafter, they fled. Datta was taken to Civil Hospital, Jintur but he was declared dead and therefore, she lodged report Exhibit 81 which was made