(1.) This appeal is filed against the judgment and order dated 1.11.1999 passed by the learned Additonal Sessions Judge, Parbhani in S.T. No. 6 of 1996, thereby convicting the appellant for the offence punishable under Section 325 of I.P.C. and sentencing the suffer R.I. For three years and to pay fine of Rs.1000/- i.d. To suffer R.I. for three months.
(2.) The prosecution story in brief is as follows:-
(3.) During the course of investigation, the panchnama of scene of offence was drawn. Statement of witnesses were recorded. As deceased Babu succumbed to death, his dead body was sent for post mortem. Dr. Sanjay Takalkar P.W.7, Medical Officer attached to civil Hospital, Parbhani carried out post mortem. Charge sheet came to be filed against the accused under Section 302 of I.P.C. Accused pleaded not guilty and therefore, claimed to be tried. With a view to prove the guilty of the accused, the prosecution examined as many as seven witnesses.