ORDER :

N.B. Suryawanshi, J.

1. The appellant, by this appeal challenges the judgment and order passed by the learned Sessions Judge, Pusad in Sessions Trial No. 11/2017 thereby convicting the appellant under Section 304 of the Indian Penal Code and sentencing him to suffer 10 years rigorous imprisonment and to pay a fine of Rs. 1000/- in default to suffer one month rigorous imprisonment and under Section 506 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for six months.

2. The prosecution case, in short, is that:

On 21.11.2016, deceased Sawan along with accused Avinash, Rupesh, Nitin and Suresh went to eat berry fruits in the field of one Baliram Chavhan around 5.00 to 5.30 p.m. The berry tree was located at the boundary (Dhura) of the said field. Deceased Sawan climbed up on the berry tree and gave jerks to the branches of the tree due to which the berry fruits fell under the tree. Other four colleagues collected the fruits. Deceased Sawan got down from the tree and asked Avinash to give him fruits. When Avinash refused, a quarrel took place between the deceased Sawan and Avinash. On that count, a fight ensued between them. The other colleagues tried to