JUDGMENT

Dr. B.S. Chauhan, J. —

1. Leave granted.

2. This appeal has been preferred against the judgment and order dated 25.8.2009 passed in Criminal Appeal No.242/04 by the High Court of Judicature at Bombay, Nagpur Bench, affirming the judgment and order dated 16.3.2004 passed by 2nd Additional Sessions Judge, Nagpur, in Sessions Trial No.366/03 convicting the appellant under Section 302 of Indian Penal Code, 1860 (hereinafter called IPC) and awarding the sentence of life imprisonment and, in addition thereto a fine of Rs.1000/- had also been imposed and in default of payment to undergo further rigorous imprisonment for the period of one year.

3. Facts and circumstances giving rise to this appeal are that the appellant’s sister Sandhya had a love affair with Prashant (deceased) which continued for 2-3 years. The appellant was fully aware of the said affair and expressed his displeasure, having had altercations with Prashant (deceased) several times. On 30.4.2003, the appellant saw Prashant (deceased) and his sister Sandhya chatting with each other at about 9.15 p.m. at a short distance from his house. He assaulted Prashant (deceased) with the knife thrice and ran away from the sp