JUDGMENT

N.R. Borkar, J. - This appeal takes an exception to the judgment and order dated 23.07.2015 passed by the additional Sessions Judge, Gr. Bombay in Sessions Case No. 354 of 2014.

2] By the impugned judgment and order, the appellant, who was the accused before the trial court, has been convicted for the ofence punishable under section 302 the Indian Penal Code, 1860 (for short 'IPC') and sentenced to sufer Life Imprisonment and to pay fne of Rs.1000/- in default to sufer rigorous imprisonment for three months.

3] The deceased was the son of accused. There used to be frequent quarrels between the deceased and the accused. The deceased, therefore, some times used to stay out of the house and in the night used to sleep in front of shop of one Kumar (place of incident). according to the prosecution, in the intervening night of 14.03.2014 and 15.03.2014, again a quarrel took place between the accused and the deceased. The deceased thus went out of the house and as usual slept in front of the shop of the said Kumar.

4] according to the prosecution, at about 6.30 a.m., the accused came to the place of incident and assaulted the deceased while he was asleep by iron pipe. In the said ass