JUDGMENT - S.W. PURANIK, J.:---The appellant stands convicted for the offence punishable under section 307 Indian Penal Code and sentenced to suffer R.I. for 4 years by the judgment and order passed by the Additional Sessions Judge, Akola in Sessions Case No. 67/78 decided on 18-9-1979.

2. The allegation of the prosecution was that on 28-6-1978 at village Warud the appellant had stabbed one Pralhad Govinda Chavan with a knife in order to cause his death.

3. The relevant facts of the prosecution case may be narrated briefly in order to understand the circumstances under which the impugned incident took place.

4. One Chimanaji Sambhaji Gawande had owned agricultural land and house at village Warud. His first wife Walambi died without any issue. He then married Ambabai from whom he had two daughters. He then re-married one Parvata who was already having six sons living from her first husband. The present appellant Ramchandra is the son of Parvata from her first husband. After Parvata's marriage with Chimanaji she came to reside with him at his house at Warud. She also brought four sons from her first marriage along with her to stay at Warud. They are Ramchandra, Motiram, Kashiram and Kr

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