JUDGMENT

Markandey Katju, J. - This appeal has been filed against the impugned judgment dated 17.10.2003 of the Bombay High Court (Aurangabad Bench). By that Judgment the High Court has upheld the conviction of the appellant by the Second Additional Session Judge, Jalgaon by its judgment dated 24.8.1998, finding the appellant guilty of an offence under Section 302 I.P.C. and awarding him the sentence of life imprisonment and fine of Rs.1,000/-.

2. We have heard the counsel for the parties and perused the record.

3. The appellant and the deceased Shobhabai were married to each other for about 1½ years prior to the incident in question which took place on 21.8.1997 at about 3.00 a.m. According to the prosecution, the deceased Shobhabai was being harassed and treated cruelly by the appellant because a gift by way of Mul was not being paid or given by the parents of the deceased Shobhabai after the marriage, which is a practice in their community, and on that count there was a demand of Rs.10,000/- by the appellant prior to the incident. It is alleged that the appellant had taken the deceased Shobhabai to the house of her parents and left her there with an understanding that unless s