P.V. Hardas, J.

1. The Appellant/original accused No.1 who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.2,000/- in default to undergo rigorous imprisonment for six months, by the Sessions Judge, Sindhudurg, Oros, by judgment dated 17 December 2007, in Sessions Case No. 21 of 2007, by this Appeal questions the correctness of his conviction and sentence.

2. Facts in brief as are necessary for the decision of this Appeal may briefly be stated thus:

P.W. 11 Police Constable Nandkumar Gosavi who on 1 April 2007 was attached to Malwan Police Station, recorded the report of P.W. 1 Chandrakala at Exhibit 26. On the basis of the said report, he registered an offence against the accused and forwarded the papers to Police Station, Achara for further investigation.

3. P.W. 12 P.S.I. Krishna Kalantre, who was attached to Police Station, Achara, had received the papers from P.W. 11 Police Constable Nandkumar Gosavi on 2 April 2007 at about 1.00 a.m. On the basis of the report of P.W.1 Chandrakala, he registered an offence under Section 302 read with 34 of the Indian Penal Code vide Crime No.