A. S. BAGGA, J.

( 1 ) THIS appeal is directed against the judgment and order dated 18-8-1998, passed by 2nd Additional Sessions Judge, Nanded in sessions Case No. 126 of 1997, thereby convicting the appellant/original accused for the offence punishable under section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life.

( 2 ) THE prosecution story, in brief, is as follows : the appellant was residing with deceased Kalawatibai for about 5 to 6 years before the incident in question, Though deceased Kalawatibai was not legally wedded wife of the appellant, she resided with the appellant as his mistress / keep. It appears that the house was recorded in the name of the appellant and deceased Kalawatibai had got her name mutated in the records. On account of this, there was quarrel between the two in which the deceased was assaulted. The appellant was arrested. He was taken to police station. He was, however, released on bail. The appellant returned home on 18-1-1997, at about 7. 00 p. m. On return, he asked deceased to serve meals to him. However, the appellant was not served meals. On the next day, i. e. on 19-1-1997, the appellant found the sum of Rs