JUDGMENT [P.R. BORKAR, J.] :-

1. This is an appeal filed by original accused No.1 being aggrieved by order of conviction and sentence passed by the Additional Sessions Judge, Nandurbar, in Sessions Case No. 49 of 2004 decided on 14.02.2007, whereby the appellant was convicted of offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs. 10,000/-, in default, to undergo rigorous imprisonment for one year.

2. Briefly stated facts giving rise to this appeal may be stated as below:- .

P.W.2-Tulshiram Konkani has his land adjacent to the land of his brother - Isaram. Prior to the incident in question, quarrels had taken place over boundary bund between P.W.2-Tulshiram and sons of his brother Isaram. Chaitram is the father of the appellant and brother of Tulshiram and Isaram. There are two more brothers. On the day of incident i.e. on 07.10.2004 at 6.30 a.m. there was quarrel between Tulshiram and his son Rupchand on one side and original accused Nos. 1 to 6 on the other. Accused were appellant Suresh, Punya, Rohidas, Bhavaji, Vikram and Chaitya Konkani. Initial exchange of words aggravated in to a scuffle. At that ti

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