JUDGMENT

Markandey Katju, J.—Leave granted.

2. This appeal is directed against the judgment and order dated 24.9.2004 of the Bombay High Court in Criminal Appeal No. 631 of 2000.

3. The prosecution version is that the accused Shankar Wadu is the brother of Mahu Wadu who was assaulted by him, which assault resulted in his death. The incident occurred around 8.P.M. on 22.10.1995 at Kainad Wadu Pada, Laluka Wada, District Thane, where both the accused and the victim were residing along with other close relations. According to the prosecution case, the accused wanted to keep Kamlibai, the widow of his brother Vasant, as his mistress, but she refused to be his mistress. On the day of the incident the appellant was forcibly trying to drag Kamlibai to his house. At that very time, he was told by his brother Mahu (the deceased) that he could not force and drag Kamlibai to his house. At this intervention, the accused got enraged by such unwarranted advice and therefore lifted a wooden plank (pat) and hit Mahu with it on his head, and also kicked and punched him. Mahu died on the spot. Complaint of this assault was lodged by one Yeshubai who is closely related to both the accused and the vic