JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---By the judgment dated 25th September, 1995 passed by the Additional Sessions Judge, Pune in Sessions Case No. 95 of 1995, the appellant Bajirao Bhimji Daphal and another accused Tukaram Shripati Daphal were tried for the offence under section 302 read with section 34, Indian Penal Code. Both the appellant and the other accused were convicted and sentenced under section 302 read with 34 of Indian Penal Code and sentenced to suffer R.I. for life and to pay fine of Rs. 300/- each and in default R.I. for two months. The accused No. 1 is alone before us challenging the said judgment in this appeal. Therefore, we are not considering the conviction of the second accused Tukaram Shripati Dafal in this appeal.

2. The prosecution case in short is that Kaluram Tambe and Shashikala Tambe were staying in a farm house at village Hivare with their children. Shashikala's parents stay at Dhamari, Taluka Shirur. Kaluram's mother and other family members stay at Hivare but in the village Gaothan. On 6-11-1994, Shashikala came alone to the house of her parents. Her mother Babubai made enquiries with her about her children, whereupon she told her mother that sh

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