S. R. DONGAONKAR, J.:- Appellant Ramdas was convicted for the offence punishable under sections 302 and 201 of the Indian Penal Code in Sessions Case No.47/1986 by Additional Sessions Judge, Amravati by his judgment dated 30-7-1993. He was prosecuted for the aforesaid offences along with other offences under sections 498-A, 306, read with section 34 of the Indian Penal Code along with his mother accused No.1 Sau Laxmi (since deceased), accused No.2 he being himself, accused No.3 Eknath his father (deceased), accused No.4 Ramrao husband of the sister of accused No.1 Laxmi, accused No.5 Niranjan Bhuyar son of accused No.4 Ramrao and one Parasram accused No.6. During trial, accused No.1 Laxmibai, accused No.3 Eknath, accused No.4 Ramrao died and therefore, the trial was completed only against accused No.2 i.e.

present appellant, accused No.5 and accused No.6, named above. After the trial, accused No.5 and 6 were acquitted of all the offences whereas the appellant accused No.2 Ramdas was acquitted of the offence punishable under section 498-A as well as section 306 of the Indian Penal Code. He was, however, convicted & sentenced for the offences mentioned above. Appellant Ramdas challenges this conviction and sentence. Sentences are imprisonment for life and fine of Rs.l,000/- for the offence under section 302 of the Indian Penal Code and R.I. for one year for offence under section 201 of the Indian Penal Code.

2. Prosecution case in brief is as under: Chandrakala daughter of one Punjaji Mondhe of village Loni was married to appellant accused No.2 Ramdas (hereinafter referred to as accused No.2 for the sake of convenience) at village Fulmala some time in the year 1976.

She started residing with her husband. Accused No.1 Laxmi and accused No.3 Eknath were her in laws i.e. parents of accused No.2. One Jaiwantabai the sister of accused No.1 Laxmibai had married with accused No.4 Ramrao.

Accused No.5 is the son of accused No.4 Ramrao and the said Jaiwantabai. Accused No.5 is also resident of Fulmala and resides in the vicinity of the house of accused No.2 Ramdas. Accused No.6 Paras ram is resident of Shiogaon & is acquainted with the family of accused No.2 Ramdas. It is the prosecution case that accused No.2 Ramdas, his parents used to beat, ill-treat and harass the said Chandrakala for petty reasons. They were alleging that she was in habit of eating stealthily and for this she was reached to her parents' home twice. It is alleged that, she had come to her matrimonial home just some time prior to the incident due to intervention of accused No.6 Parasram. It is the case of the prosecution further that one Kusum is wife of Bhimrao; the real brother of accused No.4 Ramrao. Kusum is his second wife. He had one son Dilip from his first wife. It is alleged that about 2-3 days prior to the death of Chandrakala she had asked Kusum as to whether she used to sleep with Dilip suggesting that she had illicit relations with her stepson Dilip. She became angry. It is alleged that on this count Kusum had assaulted and beaten Chandrakala. On 29-9-1985, at about 7.00 - 7.30 p.m. Kusum along with laiwantabai wife of accused No.4 Ramrao had gone to the house of accused No.2 Ramdas and complained to him that Chandrakala was spreading numour in the village regarding illicit relationship of Kusum with her stepson Dilip. Accused No.2 Ramdas then started beating Chandrakala. Her cries & shouts were heard by others, outside the house, however, after some time said sound stopped. Next day morning i.e. on 30-9-1985 accused No.2 Ramdas told people in the village that his wife Chandrakala had committed suicide by jumping into well in the field of one Bansilal. In the noon time he informed the Police Patil of the village accordingly. Police Patil then confirmed the fact that the dead body of Chandrakala was lying in the said well and sent written report to the police station. The report was sent through Kotwal Ramdas Khadse, upon which A.D. No.l2/1985 was reg