JUDGMENT

P. Sathasivam, J. —

1) This appeal is filed by the appellant-accused, who is in Jail, through Superintendent, Nagpur Central Prison, Nagpur under Section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act against the final order and judgment dated 15.10.2004 passed by the High Court of Bombay, Nagpur Bench, Nagpur in Criminal Appeal No. 48 of 1990 whereby the High Court allowed the appeal filed by the State and set aside the order of acquittal passed by the Additional Sessions Judge, Gondia.

2) The prosecution case is as follows:

(a) On 10.08.1986, at about 3.00 p.m., there was a quarrel between Laxmichand @ Balbutya - the accused and Gyaniram Mahajan - the deceased, who was in drunken state, at the house of the accused. The appellant-accused asked Gyaniram to go home but he was not acceding to his request. The accused brought Gyaniram from his house on the road by lifting him but he fell down. The accused struck him with a spade on his head. As a result, Gyaniram sustained injury on his head and had become unconscious. The accused proceeded towards the house of one Police Patel. While going there, he made disclosure to some persons that he had killed