JUDGMENT

Dr. Arijit Pasayat, J. — Leave granted.

2. Challenge in this appeal is to the judgment rendered by a Division Bench of the Rajasthan High Court upholding the conviction of the appellant for an offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’). The appellant was convicted by learned Addl. Sessions Judge, Parbatsar who sentenced him to undergo life imprisonment and to pay a fine of Rs.200/- with default stipulation.

3. Background facts in a nutshell are as follows:

A written report (Ex.P/18) was submitted before Sattar Khan, Sub-Inspector of Police, PS Nawa (PW-11) by Idan (PW-6) on 9.6.1999 with the averments that in the morning i.e. at about 7a.m. accused Shakti Dan started beating his wife at his house so she ran away from there and reached to the house of Idan (PW-6), the younger brother of the accused. The mother of the accused, namely, Smt. Ugam Kanwar also followed her and she also reached the house of Idan which was near the house of the accused. Smt. Ugam Kanwar (hereinafter referred to as the ‘deceased’), advised his son accused Shaktidan that he should not quarrel with his wife. On hearing this, accused caught hold of his mo