B.R. Gavai, J.

1. Being aggrieved by the judgment and order passed by the learned Additional Sessions Judge, Bhandara dated 9.7.2003 in Sessions Trial No. 52/97, thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 200/- and in default to suffer R.I. for one month and further convicting the appellant for the offence punishable under Section 324 of the Indian Penal Code and sentencing him to suffer S.I. for six months and to pay a fine of Rs. 100/- and in default to suffer S.I. for 15 days, the appellant has approached this Court. The prosecution case, in brief, as could be gathered from the material placed on record is as under:--

That the accused Bhagwan is resident of Sant Kolba Swami Ward, Bhandara. The deceased Maroti, his son Arjun PW. 1 and other family members are residents of Sant Kolba Swami Ward, Bhandara. The brother of the accused is mentally challenged. It is the prosecution case that one Shrinath Nagre, who is the son of injured Arjun Nagre and the grandson of deceased Maroti used to tease the brother of the accused by throwing the piec