JUDGMENT - BRAHME P.S., J.: - The appellant was tried for committing murder of his wife Kusum for offence under section 302 I.P.C. On the trial the prosecution examined in all 11 witnesses including Dr. Smt. Kanta Motghare (P.W. 7) who carried autopsy on the dead body of Kusum and prepared postmortem note (Exhibit 49), Lahu (P.W. 5), Shankar Kamble (P.W. 6) and Madhukar Zade to whom the appellant made extrajudicial confession and Nandkumar Ozha (P.W. 11) who conducted investigation in the matter. The learned 5th Additional Sessions Judge, Nagpur by his judgment and order dated 30-3-1998 convicted the appellant for offence under section 302 of I.P.C. and sentenced him to imprisonment for life and to pay fine of Rs. 500/- in default to undergo R.I. for 3 months. The appellant has challenged the judgment of conviction and sentence passed against him in this appeal.

2. The prosecution case in nutshell is that deceased Kusum was married to the appellant after having taken divorce from her previous husband. The appellant had two sons from his previous wife. On the date of incident which took place on the night of 27-3-1997 the appellant and his wife were sleeping in their house. The appel

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