JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Aurangabad Bench dismissing the appeal filed by the appellant upholding his conviction for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’)and the sentence of imprisonment for life and fine of Rs.200/- with default stipulation. The judgment impugned before the High Court was delivered by learned Second Additional Sessions Judge, Latur in Sessions case No. 24 of 2004.

3.Prosecution version in a nutshell is as follows :

“On 28.11.2003 at about 9:30 a.m., appellant Antram caused death of his wife Shobha by brutally assaulting her with an axe. Shobha was married to the accused long back. Two sons and the daughter were the children born from said wedlock. About 3 years prior to alleged incident, Shobha had started residing at village Kamkheda with the children, which is place of her parents. Accused belongs to village Zari Khurd. He used to intermittently visit Shobha and children at village Kamkheda. The relations between husband and wife had not remained cordial because accused used to object to Shobha undertak