1. The appellant - Premchand Nimba Sapkale was convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000/-, in default to suffer imprisonment for ten months, on 30.12.2005 by the learned II Adhoc Additional Sessions Judge, Jalgaon, in Sessions Case No. 54 of 2005.

2. The prosecution alleged that the appellant assaulted deceased - Gokul Goba Sonwane, resident of village Sujade, Taluka and District Jalgaon on 30.11.2004 in Sarafa Bazar area of Jalgaon town at about. 12.00 noon with the help of sword. The complaint was lodged by son of deceased - (pw1) Vijay Sonwane at Shani Peth police station, Jalgaon. On the same day at about 13.30 hours offence came to be registered at C.R.No. 63 of 2004 under Sections 302, 307 of the Indian Penal Code, as prosecution alleges that the appellant stabbed his wife (pw9) Pramila who was working in the field of Nana Kale in Mamurabad shivar on the same day. The investigation was entrusted to the then Sub Divisional Police Officer - (pw15) Manoj Lohar. The investigating officer, after completion of investigation, filed chargesheet against the app