JUDGMENT :

ABHAY S. WAGHWASE, J.

1. Conviction recorded for offence under Section 307 of the Indian Penal Code, 1860 (IPC) by the learned First Adhoc Additional Sessions Judge, Aurangabad, in Session Case No.246 of 2002, dated 07.01.2004 is hereby assailed by the appellant by filing instant appeal.

2. Informant PW-5 initially worked as an Agent in a credit society along with one Bharti. There used to be quarrel between both ladies. Informant was also required to quit job. On 18.01.2001, Dayanand Toshniwal brother of Bharti developed contact and issued threats if she troubles his sister Bharti. On 27.01.2001, informant received offer to work as Editor. On 14.04.2001, she received phone call from Sushant Patil and she was called in hotel at Akola with certificates and photographs and, then, she was told that they have to go to Nagpur to attend conference. In the said hotel she met with Sushant Patil, who was accompanied by one Rane. Sushant Patil also told informant that they have to go to Nagpur in the same night, however, they could not go.

On 18.04.2001, informant received phone call from Sushant Patil and she was again called at Akola in a hotel. There again she saw accused Rane with