V. K. TAHILRAMANI, J.

The Appellant/Original Accused has preferred this Appeal against the Judgment and order dated 20th April, 2006, passed by the learned 5th Ad hoc Additional Sessions Judge, Mumbai in Sessions Case No. 837 of 2005. By the said Judgment and order, the learned Sessions Judge convicted the Appellant for the offence under section 302 of Indian Penal Code and sentenced him to suffer life imprisonment and to pay fine of Rs. 1000/ (Rs. One Thousand only) in default R.I. for six months.

2. The prosecution case, briefly stated, is as under :

The complainant P.W.1 Sandip Therade was the elder brother of deceased Sudhakar. Deceased Sudhakar and his brother Sandip Therade were residing in the same area. Their sister Sugandha was residing nearby in Subhash Nagar. P.W. 2 Sandip Gavade was the husband of their sister Sugandha. The Appellant was known to the witnesses. On 28th July, 2005, it was Sudhakar's birthday. The incident took place at about 10.00 to 10.15 p.m. At about 8.00 p.m. on that day, P.W.1 Sandip Therade went to the house of his brother as it was birthday of Sudhakar Therade. They sat there for some time then Sandip told Sudhakar that he will go to the ho