JUDGMENT :

M. S. SONAK, J.

1. Heard Mr. R. D. Hajare, learned Counsel appointed under the Legal Aid Scheme for the appellant and Mr. T.A. Mirza learned Additional Public Prosecutor for the respondent/State.

2. This appeal is directed against the judgment and order dated 15.11.2017 made by the learned Additional Sessions Judge at Chandrapur in Sessions Case No.84/2014 convicting the appellant for the offences punishable under Sections 302 and 307 of the Indian Penal Code (IPC) and sentencing him accordingly.

3. The prosecution version is that, on 19.04.2014 between 9.30 p.m. and 10.30 p.m., the appellant assaulted his two brothers Chandu and Gosai with an axe when they were sleeping on the terrace of the house along with several others. As a result of the assault, Chandu sustained grievous injuries to his head and died of the same. Gosai also sustained grievous injuries but survived. The appellant with the same axe inflicted injuries on himself and ultimately proceeded to the Police Station and surrendered.

4. Mr. Hajare, learned Counsel for the appellant appointed under the Legal Ai