SINHA, J. :- The present appeal is preferred by the appellant/accused against the judgment and order passed by the Sessions Judge, Parbhani dated 16th March, 1993 in Sessions Trial No. 92 of 1991, whereby the learned Sessions Judge has convicted the appellant/accused for the offence punishable under Ss. 302 and 316 of the IPC and sentenced him to suffer R.I. for life for the offence punishable under S. 302 of the IPC and RI of seven years and fine of Rs. 1,000/-, in default to suffer further R.I. for three months for the offence punishable under S. 316 of the IPC. The substantive sentences are directed to run concurrently.

2. In order to appreciate the complicity of the accused in the crime in question, it is necessary for us to take into consideration some of the material facts, which has resulted in prosecution of the accused for the offences charged.

3. That, deceased Smt. Indubai was married to the accused about 7 to 8 years prior to the incident in question. It is the case of the prosecution that deceased Indubai was illtreated by her husband on account of the illicit relations between her husband and her husband's sister-in-law Bharatibai. Smt. Indubai, on few occasions