JUDGMENT :

R. Banumathi, J.

This appeal arises out of the judgment of the High Court of Judicature at Bombay, Nagpur Bench dated 02.12.2009 in Criminal Appeal No.247 of 2004 affirming the conviction of the appellant under Section 302 IPC and sentence of life imprisonment imposed on him.

2. Briefly stated case of the prosecution is as under:-PW-1-Nagorao Kharate, cousin of the deceased-Dashrath was residing adjacent to the house of Dashrath and his son appellant-accused in village Dapura. PW-1-Nagorao Kharate lodged a complaint at Police Station Boregaon Manju on the evening of 08.04.2002 stating that on the preceding night i.e. 07.04.2002 at around 08.30 p.m. he heard an altercation between Gajanan-the appellant-accused and his father-Dashrath and Dashrath was wailing till about 10.00 p.m. According to PW-1-Nagorao Kharate, such incidents of altercations and assault were frequent in the house of the appellant-accused and therefore he paid no attention to the incident. On the next day morning at about 7.30 a.m., PW-1-Nagorao Kharate was informed by Madhukar Kharate-PW-4 that he had found Dashrath lying dead in a pool of blood inside his house. PW-1 rushed to the house of the appellant