Judgment

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the Judgment of the Division Bench of the Bombay High Court, Nagpur Bench, upholding conviction of the appellant for offence punishable under Sections 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) as was awarded by the 9th Additional Sessions Judge, Nagpur. Three persons faced trial. They are Sk. Rahim(A-1), Sk. Azim (A-2) and Sk Ibrahim (A-3). A-1 was acquitted and A-3 was convicted for offence punishable under Section 325 IPC.

2. Background facts in a nutshell are as follows :

The house of Abdul Jabbar Qureshi (hereinafter referred to as the ‘deceased’) was adjacent to the house of the appellant/accused in Nava Nakasha, Lashkaribagh, Nagpur. At the relevant time, the appellant along with his two brother i.e. Sk. Rahim and Sk. Ibrahim as well as his parents and grand father were residing in the same house. According to the prosecution, about four months prior to the incident in question, the relations between the family of the deceased and the accused were strained, since the family members of the deceased allegedly threw filth from their side of the house into the courtyard of the house of the accused. The