JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court dismissing the appeal filed by the appellant. Learned 2nd Additional Sessions Judge, Sangli, had convicted the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/- with default stipulation.

3. Prosecution version in a nutshell is as follows :

The accused-appellant and one Shivaji Baba Lohar who was working with Keru (hereinafter referred to as the ‘deceased’) were on inimical terms. Shivaji’s sister was married to the accused. The accused had borrowed money from Shivaji which he had not returned. The accused used to visit Shivaji in the field owned by the deceased. Keru and his family knew the accused and would often give him agricultural produce from their lands since the accused was jobless. Shivaji demanded repayment of the loan he had advanced to the accused. The accused was annoyed by this and on 3.6.2000 he went to Keru’s farm. Keru was asleep at a little distance from the rest of the members of his family. Shiv