R. S. MOHITE, J.

( 1 ) BY this appeal, the appellant (hereinafter referred to as "the accused") impugnes the judgment and order dated 20-8-1999 passed by the learned sessions Judge, Ahmednagar, in Sessions case No. 165 of 1998 by which the accused has been convicted for an offence punishable under section 302 of the Indian Penal code and has been sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 500/- in default to undergo further rigorous imprisonment for a further period of 15 days.

( 2 ) THE brief case of the prosecution as emerges from the record is as under : (a) That deceased Chilu alias Baba Bagaji Salve was the real brother of the accused bhanudas. Both these brothers were residing adjacent to each other at village Nepti. Taluka and District Ahmednagar. Chilu was married to P. W. 3 Nandabai, whereas, accused Bhanudas was married to Parvati. (b) That at about 2 p. m. on 29-8-1998. Parvati wife of the accused started abusing P. W. 3 nandabai. When Nandabai asked her as to why she was abusing her. Parvatibai told her that deceased Chilu had touched her and embraced her. P. W. 3 Nandabai asked her husband Chilu as to whether he had done any suc