(Per Smt. V.K. Tahilramani, J.):

1. The appellant original accused has preferred this appeal against the judgment and order dated 11th November 2008 passed by the learned 5th Ad-Hoc Additional Sessions Judge, Sewree, Mumbai in S.C. No.487 of 2007. By the said judgment and order, the learned Sessions Judge convicted and sentenced the appellant under Section 302 of the Indian Penal Code and sentenced him to suffer R.I. for life and to pay fine of Rs.5000/-, in default of payment of fine R.I. for two years.

2. The prosecution case can briefly be stated as under:

(i) Deceased Hanumanta was the father of the appellant. Hanumanta had two wives, the first wife was Samadhan. The the appellant was the son of Samadhan. The second wife of the deceased was PW-2 Laxmi. Samadhan along with appellant left the house of her husband Hanumanta when the appellant was about one year old. Thereafter Samadhan did not come back. However, once in a while the appellant used to meet Hanumanta. The appellant had a grudge against his father as according to him his father had abandoned him when he was one year old.

(ii) The incident took place on 13.2.2007. On that day at about 6.35 p.m. the appellant as