ORDER :

1. Leave granted.

2. The appellant herein was tried by the 1st Adhoc Additional Sessions Judge, Wardha for the offence punishable under Section 302 and was sentenced for undergoing life imprisonment with a fine of Rs.1,000/- in default to suffer rigorous imprisonment for one month. The appellant then filed an appeal before the High Court and the same was dismissed by the High Court. The appellant preferred this appeal and at the time of issuing notice we have indicated that the appeal is only confined to the question of nature of the offence.

3. Heard both sides.

4. Learned counsel for the appellant contends that the appellant was a young man aged about 20 years at the time of the incident; and there was no pre-mediation or serious intention to kill the deceased. Appellant had a quarrel with one Mukesh in which one Manoj Kashyap and one Sanjay Pande intervened and separated them each other. Thereafter the accused went from the place of incident and he met Mukesh later and it appears that there was a quarrel thereafter and the accused caused injury to Mukesh and he died. The injury was on the left side of the chest near sternum between 3rd and 4th rib. There is also another inju