JUDGMENT

Arijit Pasayat, J.-Appellant (also described as accused) calls in question legality of the judgment rendered by a Division Bench of the Bombay High Court holding the appellant guilty for the offence punishable under Sections 302 and 404 of the Indian Penal Code 1860 ( in short the IPC ) by reversing the judgment of acquittal rendered by the Trial Court. Sentence of imprisonment of life and two years respectively were imposed for the aforesaid two offences.

2. Background facts which led to trial of the accused are as follows:

Suman (hereinafter referred to as the deceased ) was the first wife of the accused. Since her relationship with the accused and her in-laws was strained she along with her 3 daughters Suvarana (PW-2), Vanita (PW-4) and Vaishali and a son Vijay stayed separately in village Sangli. In the said village in another house, accused along with his second wife Sushila, his parents and three brothers lived.

3. On 17.9.1983, the accused came to deceased s house. At bout 11.00 a.m. a quarrel between him and Suman took place. The same was seen by Vanita (PW-4). Thereafter at about 3.00 p.m. the same day, deceased went along with the accused who was having a sickle an