JUDGMENT :

Abhay S. Oka, J.

1. The appellant-accused has been convicted for the offence punishable under Section 302 of the Indian Penal Code (for short, ‘IPC’) by the Sessions Court. By the impugned judgment, the High Court has confirmed the appellant's conviction. The appellant has been sentenced to undergo life imprisonment.

FACTUAL ASPECT

2. The appellant raised a plea of juvenility. By the order dated 10th April 2023, this Court directed the Trial Court to hold an inquiry into the plea of juvenility. Accordingly, an order was made by the learned Trial Judge on 8th April 2023. The learned Trial Judge held that the appellant was not a juvenile in conflict with the law on the date of the commission of the offence. After that, leave was granted, and the appeal was heard on merits.

3. The incident occurred on 6th September 2004. The accused was staying in room no. 3 rented to him by PW3 Alimuddin Amiruddin Shaikh. According to the prosecution, the deceased – Mohmed Akhtar Gafur Ansari, was also staying in the room no. 3, along with the appellant. There was a dispute between them about playing music. The dispute led to an altercation in which the appellant attacked the deceased. The