JUDGMENT - Abhyankar, J.

1. The appellant Atmaram has been convicted under Section 302 of the Indian Penal Code and sentenced to the imprisonment for life on the allegation that he killed his own father on the night between the 5th and 6th of March, 1967 at village Hingne-Karegaon.

2. Briefly, the prosecution case was that the appellant Atmaram was demanding his share from his father, Namdeo, and there were disputes and friction between the father and son for some time. The deceased, Namdeo, owned about 25 acres of land at village HingneKaregaon, and besides the appellant, Namdeo had two other sons, Shaligram and Janardan, all of them apparently staying together in the village. One of the fields of Namdeo, survey No. 123, was known as "Chambharkhori" and the appellant worked in that field with his father. They had establishment on the land and there was a Mandav as well as a hut and the bullocks used to be tethered on the land. On the date of the incident, the appellant had carried bread for himself and for his father from his house as usual and that was at night. After taking meals, Namdeo had retired, and according to the appellant, he had gone out to visit a Tamasha. There were pe

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