JUDGMENT

S.B. Sinha, J.—

Appellant who was accused No. 2 before the trial judge is before us, aggrieved by and dissatisfied with the judgment dated 16.6.2006 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Criminal Appeal No. 31 of 1991 whereby and whereunder appeal preferred by him from a judgment dated 22.1.1991 passed by the Additional Sessions Judge, Chandrapur convicting him for commission of an offence under Section 302/34 of the Indian Penal Code was dismissed. The parties are closely related. The deceased was one Kannu Shende. Accused No.1 (since deceased) was Baliram. Appellant being the accused No. 2 before the Ld. Trial Judge was the brother in law of said Baliram. There were two eye witnesses to the occurrence in question. P.W. 3 Shobha was his wife and P.W. 8 Dnyaneshwar was his son. At this stage, we may notice that Dnyaneshwar later on killed Baliram. He was sentenced to undergo rigorous imprisonment for life. When the trial in this matter was going on, he was undergoing his sentence.

2.Prosecution case is that there had been a dispute by and between the deceased and the said Baliram with regard to the partition of the joint family propertie