Judgment

Kurian, J.

1. The appellant along with his younger brother was convicted under Section 302 read with Section 34 of the Indian Penal Code (45 of 1860) (hereinafter referred to as ‘IPC’) and sentenced to undergo life imprisonment by the Court of 2nd Additional Sessions Judge, Nagpur. They were also sentenced to pay a fine of Rs.300/-each, a default sentence of two months.

2. In appeal before the High Court of Judicature Bombay, Nagpur Bench, the High Court declined to interfere with the conviction and sentence, and hence, the present appeal.

3. The appellant’s younger brother-Sanjay had also filed a Special Leave Petition before this Court as Special Leave Petition (Criminal) No. 7667 of 2007. Since he had not surrendered, as required under the Rules, the Special Leave Petition filed by him was dismissed by Order dated 02.05.2008.

4. The incident took place on 12.02.1999 between 07.00 A.M. and 08.00 A.M. The deceased had returned to the village only in the morning of that day, around the time of the incident. There was a quarrel between the families who were sharing common open space. The genesis of the quarrel was with regard to the conduct of wife of the deceased who allegedly