JUDGMENT - VISHNU SAHAI, J.:-The appellant aggrieved by the order dated 13th November, 1992 passed by the Additional Sessions Judge, Greater Bombay, in Sessions Case No. 782 of 1989 convicting him under section 302 of I.P.C. and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo S.I. for two months, has come up in appeal before us.

2. The prosecution case in brief, as contained in the F.I.R. lodged by P.W. 1 Govind Tukaram Deogikar is that the deceased Arun Kisan Bhosale and the appellant belonged to the village of the informant. The deceased was working in Shrikrishna Tea House. Vithalwadi, Kalba Devi. He, the informant and some others used to sleep in the same compound. The appellant is said to have been working at Hanuman Tea House, C.P. Chawl, Abdul Rahman Street. It is said that the appellant and the deceased were friends and used to have a common lunch; each bringing his own tiffin. It is stated that about 9 to 10 days prior to the incident, which is alleged to have taken place, on 17-04-1989, the appellant had asked the deceased to bring his tiffin box and the latter had not brought it. Consequent

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