JUDGMENT - MOHITE R.S., J.:---Heard Shri Daga, learned Advocate for the appellant and Shri Patel, learned A.P.P. for the respondent-State.

2. This appeal impugns the judgment and order passed by the IVth Additional Sessions Judge, Nagpur, on 12-9-1997 in Sessions Trial No. 360 of 1996, by which the present appellant Janak Khemsingh Marakam, is convicted for the offence under section 302 of I.P.C. and sentenced to suffer imprisonment for life and to pay a fine of Rs. 500/-, in default to suffer R.I. for six months.

3. The relevant facts of prosecution case are as follows:

(a) That the deceased Jyoti Nerkar was a young girl aged about 15 years. It is a prosecution case that the present accused Janak used to harass the deceased Jyoti. According to P.W. 2 Shobhabai, who is the mother of the deceased, the accused had followed her daughter twice in day time and once in the night time and had been required to be warned that if he harassed Jyoti, the matter would be reported to the police.

(b) On the date of the incident i.e. on 25-4-1996, the deceased Jyoti along with P.W. 3 Hemlata Tembhare had been to the field of one Dhondbaji Bhoyar at about 3.00 p.m. for plucking chilly. While they were

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