JUDGMENT :

Banumathi, J.

1. Leave granted.

2. This appeal arises out of judgment and order dated 5th March, 2015 passed by the High Court of Judicature at Bombay in Criminal Appeal No.1252 of 2007 in and by which the High Court affirmed the conviction of the appellant-accused under Section 302 I.P.C. and sentenced the appellant-accused to undergo life imprisonment.

3. By order dated 22nd October, 2018, this Court issued notice limited to the nature of offence and the quantum of punishment. Case of the prosecution is that the deceased-Kanhu Rao and the appellant-accused, Subhash Gangadhar Jadhav, were employees of Symboisis Sampro Syntheline Company at MIDC, Village Gonde. At the night of 2nd May, 2005, while the accused-Subhash Gangadhar Jadhav was working in the night shift, the deceased-Kanhu Rao served the tea to those working in the night shift and at that time there was exchange of hot words between the appellant-accused and the deceased. During which time, the appellant-accused inflicted injuries on the deceased-Kanhu Rao with wooden rod of the axe. The appellant-inflicted four to five injuries on the person of the deceased due to which the deceased-Kanhu Rao died on the spot.

4.