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 at Aurangabad Bench upholding the conviction of the appellant for offences punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) as recorded by learned Ad hoc Additional Sessions Judge, Biloli, Maharashtra. Appellant faced trial for alleged commission of offence punishable under Sections 498 A, 304(B) and 302 IPC for committing murder of his wife Shaheen Begum (hereinafter referred to as the ‘deceased’). Trial court acquitted the appellant of the charges relatable to Sections 498A and 304B while recording conviction under Section 302 IPC.

3. Prosecution version in a nutshell is as follows:

The appellant was married to Shaheeb Begum (hereinafter referred to as the ‘deceased’) in the year 1994. She was resident of Degloor. After marriage she started residing with her husband at village Hanegon for some period. But they shifted to Degloor and started residing in Line Galli Degloor, District Nanded. The appellant used to ill-treat her on account of non-fulfilment of demand of dowry. He was threatening her that he would