JUDGEMENT - VISHNU SAHAI, J. :---The appellant aggrieved by the Judgment and order dated 28th September, 1995, passed by the III Additional Sessions Judge, Thane in Sessions Case No. 95 of 1994 convicting and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 1,000/- under section 302 I.P.C. has come up in appeal before us.

2. The prosecution case in brief runs as under:---

The deceased Ram Dagdu Jadhav was the husband of P.W. 1 Nirmala Ram Jadhav and the brother of P.W. 4 Manohar Dagdu Jadhav. On 21-8-1993 at about 7-45 p.m. while the deceased and his brother Manohar were returning after a stroll and had reached near Saibaba Mandir, the brother of the deceased inadvertently pushed the appellant. Thereupon the appellant started abusing them. The deceased asked the appellant not to abuse them. Thereupon the appellant took out a knife and inflicted two blows with the same on the deceased. In the meantime P.W. 1 Nirmala Ram Jadhav, the wife of the deceased, whose house was situated in immediate proximity of the place of incident, Edward Lone (P.W. 5), Vishal Jadhav (P.W. 7) and Tuljaram Jadhav (P.W. 10) are also said to have reached the place of incident and seen

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