P.N. DESHMUKH, J.

1. This appeal is filed against judgment and order dated 2nd April, 2016 passed by learned Sessions Judge, Yavatmal in Sessions Trial No. 82 of 2015, vide which appellant came to be convicted for the offence punishable under Section 304(I) of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs. 1000/-, in default to suffer S.I. for one month. Appellant is acquitted of the offence punishable under Section 201 of the Indian Penal Code.

2. Briefly, case of prosecution can be stated as under :-

On 22nd June, 2013, PW 1 Kalim Gulab Shah, brother of deceased Jarbin Gulab Shah, lodged report, Exh.42, contending that on that day at 10 a.m. deceased was going towards bus stop of village Dighi on the motorcycle of one Shrikrishna Marbate when appellant met and quarrel took place between them on transaction of sale of cotton, during the course of which deceased had given 2-3 slaps to appellant. It is further case of prosecution that deceased thereafter along with PW 5 Raju Ramuji Sidam while was proceeding on the motorcycle, appellant met and on intercepting them threw chilly powder on their person due to which Ra