B.R. Gavai, J.

1. The appellant challenges the judgment and order passed by the learned Sessions Judge, Gondia in Sessions Trial No. 41/2012, dated 6.4.2013, vide which the learned Trial Judge has convicted and sentenced the appellant for the offences punishable under Sections 302 and 309 of the Indian Penal Code. The accused is sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for six months for the offence punishable under Section 302 of the Indian Penal Code, whereas the accused is sentenced to suffer simple imprisonment for six months for the offence punishable under Section 309 of the Indian Penal Code.

2. The prosecution case, in brief, is thus :

The deceased Motabai was a mother of the appellant and they were residing together at Brahmni, Tahsil Amgaon, District Gondia. Deceased Motabai was receiving pension after the death of her husband. The appellant was not doing anything and was addicted to liquor. It is the case of the prosecution that the appellant used to demand money from deceased Motabai for consuming liquor and on that count there used to be quarreled between them. On the morning of 13.6.