JUDGMENT

R. Banumathi. J.

Leave granted.

2. This appeal arises out of the judgment dated 26.08.2010 passed by the High Court of Bombay at Aurangabad Bench in Criminal Appeal No. 293 of 2008 in and by which the High Court affirmed the conviction of the appellant under Section 302 IPC read with Section 34 IPC and the sentence of life imprisonment imposed upon him. By the same judgment, the High Court acquitted accused No. 2 and 3-Parshuram and his son-Sanjay respectively.

3. Appellant-Nandlal Baviskar and one Dilip Waman Baviskar are close relatives. In the year 2005, Dilip constructed a common wall in between his premises and the house of the appellant. As Dilip had incurred total expenses of the construction of wall, he demanded half of the expenses from the appellant which was refused by him. This became the reason for frequent quarrels between the parties. On 16.05.2006 at around 04:00 PM., there was an exchange of abuse between Dilip, his wife Sakhubai-PW-4 and the appellant. Ganesh-PW-5-son of Dilip called Gopichand Waman Baviskar-PW-1. Accordingly, Gopichand and his brother Lakhichand (deceased) who was physically disabled went to the house of Dilip and they tried to pacify the si