Per J.N. PATEL, J.:---Heard Mr. Daga and Ms. Kalsi, learned Counsel for the appellant and Mr. Thakre, learned Additional Public Prosecutor for the respondent/State.

2. The appellant is challenging his conviction and sentence in Sessions Trial No. 80/1990 by the 10th Additional Sessions Judge, Nagpur, who found the appellant guilty of having committed an offence under section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life, by his judgment and order dated 25-9-1992.

3. The appellant was married to deceased Durgabai and they were residing at village Sawangi. On 28-9-1989 at about 1.30 p.m., the accused along with his wife Durgabai returned from weekly bazar. At that time, the accused was holding a stick in his hand and had assaulted his wife on her waist as she did not give him money for weekly bazar. On being assaulted. Durgabai ran towards her house followed by the accused. Inside the house, the accused forcibly administered 'endrin' an orgono phosphorus used as insecticide. Immediately thereafter Durgabai came out of the house and started shouting that her husband administered her endrin and she should be saved. When the accused followed her, she ran t

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