JUDGMENT - VISHNU SAHAI, J. :---The appellant, aggrieved by the Judgment and order dated 10th August, 1984, passed by the Additional Sessions Judge, Thane, in Sessions Case No. 253 of 1981, convicting and sentencing him to imprisonment for life for an offence under section 302 I.P.C., has come up in appeal before us.

2.The deceased Chintamani Tambada was the younger brother of the appellant. It is said that there was a dispute between them on account of land. The appellant was taking the entire yield. About six months prior to the incident, the appellant had come to the deceased with the intention to kill him. About two months prior to the incident, Chintaman Tambada had sold the grass and had appropriated the entire proceeds. Since no partition between the appellant and Chintaman Tambada had taken place, the former was angry with the latter.

On 4th June 1981, sometimes between 1 p.m. to 2 p.m., Chintaman Tambada, his wife Kamubai (P.W. 2), their sons Sunil and Nandkumar were sitting in a small hut in Vakharicha Vada, within the limits of Police Station Tarapur, District Thane. At that time, the appellant alongwith his sons Ravindra and Bharat came in a bullock cart. The said bullo

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