JUDGMENT - VISHNU SAHAI, J.:---Through this appeal, the appellant challenges the judgment and order dated 2-4-1994, passed by the Additional Sessions Judge, Pune, in Sessions Case No. 102/1993, whereby he has been convicted and sentenced in the manner stated hereinafter:---

(i) Under section 302 I.P.C. to undergo imprisonment of life and to pay a fine of Rs. 1,000/- i.d. to undergo 1 month R.I. ; and

(ii) Under section 326 I.P.C. to 5 years R.I. and to pay a fine of Rs. 2,000/- i.d. to undergo 3 months R.I.

The substantive sentences were directed to run concurrently.

2. In short, the prosecution case runs as under :---

The informant-victim Rashida Shaikh P.W. 1 was the second wife of Nazir Shaikh, real brother of the appellant. Nazir's first wife Niyamatbi was residing separately in Ganesh Peth, Pune. The appellant at the time of the incident, was working in Metal Works Factory which was located near the house of Niyamatbi. From a reading of the evidence, it appears that he was financing Niyamatbi.

From the evidence of the informant, it appears that periodically, the appellant used to take money from her to give to Niyamatbi. It appears that the informant stopped giving money to th

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