JUDGMENT - VISHNU SAHAI, J.:---Through this appeal, the appellant challenges the Judgment and Order dated 4-2-1995 passed by the Additional Sessions Judge, Pune in Sessions Case No. 505 of 1993, convicting and sentencing him to undergo 10 years R.I. and to pay of fine of Rs. 20,000/- in default to suffer R.I. for one year for the offence under section 304-I I.P.C.

2. In short, the prosecution case runs as under :--

There were differences between the appellant and the deceased Rajendra Tatyaba Zambre-Patil on account of a premise to be used for the purposes of a hotel.

On 7-8-1993, at about 11.30 to 11.45 a.m. in 210, Mangalwar Peth, near Cafe Canada Hotel, Pune, Harishchandra Kachi P.W. 3, Sanjiv Pawar P.W. 5 and the latter's brother-in-law were trying to settle the differences between the appellant and the deceased. In the meeting, the differences could not be resolved and it was agreed to hold another meeting two to three days later. In the meantime, the appellant went to the counter, took out a knife and inflicted a number of blows with the same on the deceased. After assaulting the deceased, he ran away. It is alleged that the deceased, was saying that the appellant had assaulte

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