ORDER

Leave granted.

2.Challenge in this appeal is to the final judgment and order dated 23rd October, 2008, delivered by the High Court of the Judicature at Bombay in Criminal Appeal No.431 of 2003. By the impugned judgment, the High Court has upheld the conviction of the appellant for an offence punishable under Section 302 of the Indian Penal Code, 1860 (for short “the IPC”).

3.The prosecution version in nutshell is as follows:

The appellant, an agricultural labourer was residing in a one room tenement near the fields of his employer with his family, comprising his wife Rukhmabai - the deceased; two daughters Jyoti and Deepa; son Santosh and mother. According to the prosecution the appellant was in the habit of beating his wife over petty matters after consuming liquor. On the fateful day i.e. 2nd June, 2002, the appellant and his wife visited town Yaolkhed in district Akola. They returned to the house in a drunken condition. The appellant questioned his wife as to why she had consumed liquor, which led to a verbal duel between them. The appellant got angry, picked up an axe and assaulted her with the handle of the axe. The incident happened in presence of the two daughters, who we