1. Exception is taken to the judgment and order dated 23.2.2004 rendered by the Sessions Judge, Wardha in Sessions Trial 70 of 2000 by and under which the appellant – accused is convicted for offence punishable under section 304 Part I of the Indian Penal Code (“IPC” for short) and is sentenced to suffer rigorous imprisonment for ten years and to payment of fine of Rs. 2000/-.

2. Heard Shri N.A. Badar, the learned counsel for the accused and Shri V.P. Gangane, the learned Additional Public Prosecutor for the respondent / State.

3. Prosecution Case:

Oral report Exh. 29 is lodged by the deceased Bharat Thool at Hinganghat Police Station on 8.2.2000 stating that at 11.30 p.m. when he was returning to his residence from Shriram talkies, the accused met him near the bridge at the drainage and, using an abusive expression asked him as to why the accused was not permitted to sit in the theater to watch the movie. After abusing Bharat, the accused, suddenly delivered knife blows on the right hand thumb, lower abdomen and waist and grievously injured Bharat. Bharat somehow managed to reach home and narrated the incident to his mother Bakubai (PW 3) and brother Pramod (PW 4). Bharat a