JUDGMENT/ORDER

VIBHA KANKANWADI, J. - Present appellant is the original accused, who challenges his conviction in Sessions Case No.22 of 2011 by the learned Additional Sessions Judge, Kopargaon, District-Ahmednagar on 10/2/2017, wherein he has been held guilty of committing offence punishable under Sec. 302, 201 of the Indian Penal Code.

2. Informant Farjana Rafiq Maniyar, is the widow of deceased Rafiq. She has lodged the First Information Report (for short 'FIR') on 6/5/2011 with Shirdi Police Station in respect of an incident which has allegedly taken place around 9.45 p.m. of 5/5/2011. It is informed that around 9.30 p.m. of 5/5/2011 deceased Rafiq and his entire family members were taking dinner. While the dinner was going on, Rafiq received telephonic call. He finished of the dinner and left the house. Prior to that, on inquiry by PW-2 Farjana, deceased Rafiq told that the call was from the accused and he has been called by the accused to fetch him as accused was not having the vehicle and was standing near Vruddhashram on Kankuri road. Rafiq left the house by taking his motorcycle. When the family members were about to sleep, PW-2 Farjana received phone call from Rafiq informi