- (1.) Leave granted.
(1.) This appeal has been preferred against the impugned judgment and order dated 19.11.2012 passed by the High Court of Bombay in Criminal Appeal No. 1160 of 2009, by way of which the High Court has affirmed the judgment and order of the Sessions Court convicting the appellant under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') for causing multiple injuries to Pramod-deceased resulting in his death and sentenced him to imprisonment for life with a fine of Rs. 1,000/- and in default of payment of fine, further imprisonment of one year was imposed vide order dated 11.5.2005.
(2.) Facts and circumstances giving rise to this appeal are that: A. The appellant had come to Chaul Chowky and was working in the cycle tire repairing works. Pramod-deceased was resident of the Chaul and was doing the business of selling tender coconuts by cart. Both the accused and the deceased were habituated to drinking liquor. On 28.9.2004, an incident had taken place wherein Pramod-deceased demanded money from the appellant for purchasing liquor. The appellant had not given any money to him. On being refused, Pramod-deceased went to the shop of the appellant and passed off urine in the water pot, which the appellant had been using for repairing the cycle tyres and also abused the appellant. B. The appellant offended with the conduct of Pramod-deceased, came to the cart of the deceased, took the scythe from the cart of the deceased and gave blows using the scythe, on the neck, shoulder, face, abdominal portion as well as on the chest causing 13 injuries in the body of the deceased, as a result of which the deceased succumbed to his injuries. C. After investigation, charge-sheet was filed against the appellant under Section 302, IPC and Sections 37(1) and 135 of the Bombay Police Act. After conducting the trial, the appellant was convicted by the learned Sessions Court under Section 302, IPC and sentenced as referred to herein above. D. Aggrieved, the appellant approached the High Court by way of appeal, which was also dismissed. Hence, this appeal.;