JUDGMENT

Gyan Sudha Misra, J.-This appeal has been preferred against the judgment and order dated 26.6.2008 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No. 7/2007 whereby the High Court upheld the judgment and order passed by the Sessions Judge, Dhule in Sessions Case No. 90/2005 by which the appellant had been convicted for an offence under Section 302, Indian Penal Code (I.P.C. for short) and was sentenced to undergo life imprisonment along with a fine of Rs.1,000/-. In default of payment of fine, he was ordered to undergo simple imprisonment for three months.

2. The appellant was initially charged and tried for an offence under Section 302 and 498-A of the I.P.C. for killing his wife by hitting her on her head with a woodenlog as he was suspecting her loyalty and character.

3. The specific case of the prosecution which was registered under Section 302 and 498-A of the I.P.C. is that the appellant- Attarsingh Barakya Pawara was residing along with his wife and 9 children at village Majanipada in Shirpur Taluk. On 22.6.2005, the complainant-Khandu Kalu Ahire who is also the village Kotwal received an information from one Ramesh Pawara