JUDGMENT

Vishnu Sabai, J. - By means of this appeal, the appellant has challenged the Judgment dated 17th December, 1981 passed by the Additional Sessions Judge, Ahmednagar in Sessions Case No. 86 of 1981, convicting and sentencing him in the manner stated hereinafter -

(i) Under Section 302 IPC to imprisonment for life; and

(ii) Under Section 323 IPC to pay a fine of Rs. 100/- i/d R.I. for 15 days.

Briefly stated the prosecution case runs as under :

P.W. 4 Chhabubai Ganpat Tupe and P.W. 5 Ashok Ganpat Tupe are the wife and son of the deceased Ganpat Genu Tupe respectively. The appellant was the younger brother of the deceased. Relations between the deceased, Chhabubai and Ashok on one side and the appellant on the other were highly strained. The cause of contention between the parties was a well jointly owned by them. It is alleged that on 7th May, 1981, at about 2-2.30 p.m., Ganpat took the bullocks to the well for water. 'That well was situated at a distance of about 50 feet from the houses of Ganpat and appellant which were adjoining. It is said that the appellant did not allow Ganpat to take water from the aforesaid well and hence, he came back to the house. Thereafte