1. Being aggrieved by the judgment and order dated 29/09/2017 rendered in Sessions Trial Case No.25/2007 by the Additional Sessions Judge, Pusad, District Yavatmal, this appeal has been preferred by the appellant.

2. The appellant as well as the injured person were residents of village Amdapur, Tahsil Umerkhed, District Yavatmal. Both were agriculturists owning agricultural lands, which were adjoining to each other. The way to the field of the injured person Kailash Zamre passed through the field of the appellant. Few days before the incident, which took place in the night of 10/02/2007 at village Amdapur, the appellant, it is alleged, had closed the usual access to the field of the injured person and provided some other way, which was a circuitous route. This was protested by the injured person and his family members, which ultimately led to a civil dispute, being filed before the Civil Court at Umerkhed. It is alleged that because of pendency of this dispute, the appellant had a grudge against Kailash Zamre.

3. In the night of 10/02/2007 at about 09:00 p.m., Kailash Zamre took out his motorcycle for going to village Shirmal. At the village Chaodi, which is a prominent squ