VISHNU SAHAI, J.:- The appellant aggrieved by the Judgment and order dated 31-12-1996, passed by the Additional Sessions Judge, Gadhinglaj, Kolhapur, in Sessions Case No.41 of 1996, convicting and sentencing him to undergo 10 years R.I. and to pay a fine of Rs. 5000/- in default to suffer R.I. for 11/2 years, for an offence under Section 304(2), I.P.C, has come up in appeal before us.

2. In short, the prosecution case is that the deceased Dhulappa was husband of the informant Surekha Naik PW 4. He had a brother Antu who died sometimes prior to the incident leaving behind his widow Ambubai and three sons. It is said that illicit relationship between the appellant and Ambubai developed and on this score, Dhulappa was not on talking terms with the appellant.

Both Dhulappa and appellant used to stay in contiguous houses in Naik Galli, Nosari Tal, Gadhinglaj, District Kolhapur.

On 9-7-1996, at about 9 to 9.15 p.m. Dhulappa was talking with his niece Irappa PW 5, on the verandah of the appellant. An exchange of hot words between Dhulappa and Irappa took place. Dhulappa was asking Irappa not to spend the money which he had brought from his mother. In the meantime, the appellant came