1. Heard the learned counsel for the appellant and the learned Additional Public Prosecutor for the respondent – State.

2. In the present criminal appeal the judgment and order dated 21st May 2004 passed by the IInd Adhoc Additional Sessions Judge, Nashik, has been impugned whereby the appellant came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life and was directed to pay fine of Rs.1,000/- in default R.I. for six months.

3. The circumstances resultant in prosecution of the appellant for offence of murder are as follows:-

Deceased Bibabai was the wife of the appellant and both of them along with their son P.W. 2 Laxman at the relevant time were residing in a farm house of Ajay at Village Satpur. The appellant and deceased were working as agricultural labour on the field. On 6th January 2003 P.W. 2 Laxman returned to his house at 6 p.m., requested the appellant (his father) to give him money to see the film. The appellant gave him money. Laxman went to Gauri Video Hall to watch the movie and returned home at about 11.30 p.m. Laxman found his mother Bibabai was lying on the floor. Her body