A.B. Palkar. J. - The appellant having been convicted - of offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 1,000/-, in default to suffer further rigorous imprisonment for one month by the learned Additional Sessions Judge, Nagpur on 30,3.1994 in Sessions Trial 'No. 743 of 1990 has challenged the said order of conviction and sentence in this appeal. The case of prosecution in brief is as below.

2. The appellant was married to Usha daughter of Govinda Atkari, resident of Usargondi, District Bhandara. The marriage was performed about 2-3 years prior to the incident which took place on 18-7-1990 at about 7.00 a.m. After marriage. Usha was residing at Sirsoli with the accused and had given birth to a child about two months prior to the incident. After initial marital life there used to be quarrels between Usha and the accused on petty matters and he was ill-treating her. There is, however no allegation that at any time there was any demand for non satisfaction of which quarrels took place.

3. On 18-7-1990 at about 7.00 a.m. accused asked Usha as to why she did not go to the field