JUDGMENT :

B.R. GAVAI, J.

1. This appeal assails the judgment and order delivered by the Division Bench of the High Court of Judicature at Bombay in Criminal Appeal No. 46 of 2005, thereby dismissing the appeal of the appellant and maintaining the conviction and sentence of the appellant as passed by the Additional Sessions Judge, Islampur in Sessions Case No. 39 of 2003 for offence punishable under Section 302 of the Indian Penal Code (For short 'IPC').

2. The prosecution case in brief as could be gathered from the material placed on record is as under:-

Deceased Jayashree was married to the accused prior to about 8 or 9 years from the date of the incident. They were blessed with two issues. PW-3-Anandibai is the mother of deceased. PW-5-Ramchandra Chintappa is the brother of the appellant, who was residing separately in different part of the same house. It is the case of the prosecution, that the appellant was addicted to liquor and used to abuse and beat the deceased forcing her to get money from her mother. On the fateful night of 23rd March 2003, the accused and deceased went to sleep in their house. At the dawn of 24th March 2003, PW-5 gave a call to the appellant, so that they c