JUDGMENT

R.G. Avachat, J.—The challenge in this appeal is to the judgment and order dated 03rd October, 2013 passed by the learned Additional Sessions Judge, Udgir in Sessions Case being No. 43 of 2012. By the impugned judgment and order, the appellant herein has been convicted for the offence of murder, punishable under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay fine of Rs.500/. In default of payment of fine, the appellant has been directed to undergo rigorous imprisonment for one month.

2. The facts, in brief, are as follows:

Chera is the village in taluka Jalkot, within the jurisdiction of Latur district. Tukaram (deceased) hailed from village Chera. The deceased was unmarried. To earn his living, he would work as daily wager. Many a time the deceased would sell Pepsi candies as a hacker in summer.

3. It so happened that on 06 th June, 2012, the deceased was moving through Koli lane, at village Chera to sell Pepsi. The appellant asked the deceased to give Pepsi for free. The deceased refused. The appellant, thereupon picked up a quarrel with the deceased. He picked up a stone and literally lynched the deceased therewith. A few vill