JUDGMENT - A.D. TATED, J.:---The appellant has been convicted for the offence of murder of his brother under section 302 of the Indian Penal Code and sentenced to life imprisonment by the learned 3rd Additional Sessions Judge, Thane, in Sessions Case No. 102 of 1983 decided on 19th August, 1983.

2. The prosecution case was that the deceased Shaikh Ibrahim Shaikh Ismail and the accused along with their mother and other relations previously resided in the same house at Ulhasnagar. Due to household difficulties Abdul Razak, the accused, started living separately in the same compound but in a different house. The deceased was working as a taxi driver. The accused was employed in a Burner factory at Ulhasnagar at a distance of about 2 km. from the house. The prosecution alleged that there used to be quarrels between the accused and deceased and also between the deceased and the wife of the accused. On 25th October, 1982 at about 12 noon there was a quarrel between the deceased and the wife of the accused. The wife of the accused went to the Burner factory where her husband was working and told him about the quarrel with a deceased. Thereupon the accused rushed to his house and stabbed th

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