Per B.P. DHARMADHIKARI, J.

1. The appellant has challenged the judgment dated 19.01.2002 delivered by the Additional Sessions Judge, Achalpur in Sessions Trial No.25/2001, holding him guilty of offence punishable under section 302 of Indian Penal Code and sentencing him to suffer life imprisonment. He has also been ordered to pay fine of Rs. 1000/-and in default to undergo further rigorous imprisonment for six months. The deceased -Munni @ Smt. Jasmai, was the maternal sister of the appellant.

2. Prosecution case in brief is as under :

Deceased Munni was married to Sukha Belsare i.e. P.W.No.4 about four years prior to the date of incident and she was living at village Pandhari with her husband. Her dead body was recovered by police from a field at Achalpur on 10.1.2001. About 4-5 days before 10.1.2001, accused – appellant went to the house of the deceased and represented that her mother was serious and admitted in hospital at Paratwada and on that pretext he took her to Paratwada. Her husband was not available in the village at that time. The deceased did not return back to her home at Pandhari thereafter. Two days after the deceased had left the house with the accused,