JUDGEMENT - VISHNU SAHAI, J.:---The appellant aggrieved by the Judgment and order dated 15-9-1982, passed by the Additional Sessions Judge, Nasik, in Sessions Case No. 91 of 1982, convicting and sentencing him to undergo imprisonment for life under section 302 I.P.C. has come up in appeal before us.

Along with the appellant, his brother Waman Kanade was also prosecuted and tried but, he has been acquitted vide the impugned judgment.

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

The deceased Govinda was the brother of the appellant and Waman Kanade. He was residing at Nandurshingote while the appellant and Waman were residing in a field known as Kazimala at Nasik. A truck had been purchased in the name of the appellant and deceased Govinda had contributed a sum of Rs. 30,000/- for its purchase. On account of dispute in connection with purchase of the said truck, a litigation had taken place between the appellant and Waman on one side and deceased on the other.

On the night of 5-6-1982 and 6-6-1982 a quarrel took place between the appellant and Govinda. As a consequence of that quarrel, the appellant poured kerosene oil on Govinda and set him to fire by means of match stick. It is

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