(MRS. MRIDULA BHATKAR, J.)

1. This appeal is preferred by the appellant/accused against the judgment and order of conviction passed by the learned Sessions Judge, Greater Bombay, in Sessions Case No.345 of 2004 dated 11-05-2005. The accused is held guilty for the offence of murder and is convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced him to suffer life imprisonment.

2. The prosecution case in a nutshell, is as under :

The accused on the night intervening 11-01-2004 at about 23.30 hrs., to 2.45 hrs., in the locality of Shivshahi Chawl, Sanjay Nagar Hutments, Near Saibaba Temple, Marol Pipe Line, Andheri (E), Mumbai – 400 059, committed the murder of deceased Rajesh Kanojiya, who was also residing in the same locality. On the fateful night, water from the municipal tab was flowing and wasted, therefore, the accused abused the deceased as he was responsible for the same. The deceased in response though, was apologetic in the beginning; he got angry and asked the accused to come out of the house and accept his challenge. The accused enraged on hearing this challenge and came out with kitchen knife and stabbed the deceased. The deceased u