JUDGMENT :

A. K. SHRIVASTAVA, J.

Convicted accused/appellant, Rajoo, has filed this appeal against the judgment of conviction dated 22-1-1990 passed by the learned Ist Additional Sessions Judge, Jabalpur in Sessions Trial No.214/88 convicting him of the offence punishable under section 302, Indian Penal Code and imposing sentence of rigorous imprisonment of life and fine of Rs. 500/-, in default thereof, to suffer two months' further rigorous imprisonment.

2. In brief, the case of prosecution is that 7-8 days prior the date of incident, there had been a squabble between ceased Banu Barman and one Chhinga Mehtar. On the date of incident, 28-11-1987, at 6 p.m., the accused and the deceased, reached near the shop of PW-2, Pandit Banshilal, near which a well is situated. The brother of deceased, Pappu (PW-1) was toring the water.

3. The further case of the prosecution is that near the place of occurrence, altercation continued between the deceased and the accused. The accused, as the allegation proceeds, called the deceased a 'scavenger' as he was assaulted by a person belonging to that strata. The deceased reacted to the same and in turn stated that the accused and his father were 'scaven