1. By this appeal the appellant has challenged the judgment and order delivered on 10th April, 2008 in Sessions Trial No.1/2007, by learned Ad Hoc Additional Sessions Judge, (Court No.2), Achalpur. By the impugned judgment and order, the appellant (accused) was found guilty and convicted for the offence punishable under Sec.307 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for five years and to pay fine in the sum of Rs.2,000/- in default to suffer further rigorous imprisonment for one year.

2. It appears a case of the prosecution that P.W.-1 Bharti Chandu Chavhan (wife of the present appellant/convict) were married since 1997 and they were residing at Banosa, Daryapur in District Amravati. Bharti and her husband Chandu had two sons from the wedlock one is Akash aged about 7 years (not examined) and second is Vishal aged about 5 years (examined as P.W.-5). The appellant (convict) was coolie by occupation.

3. Complaint was recorded by P.W.-6 M.J. Gadamode, P.S.I. from Daryapur Police Station regarding the incident, which occurred on 16/06/2006 at 11.00 am. According to Bharti she had asked her husband to bring tablets from medical shop, because