Heard the learned counsel for the appellant and the learned Add!. Public Prosecutor for the State.

2. The I Ad-hoc Addl. Sessions Judge, Solapur, vide impugned judgement and order dated 18.12.2002 convicted the appellant for the offence punishable under section 302 and sentenced him to suffer R.I. for life; fine of Rs.5,000/- is also imposed on the appellant, in default to suffer R.I. for one year.

3. The circumstances which have given rise to the prosecution of the appellant are as follows :-

On 13.7.2002 Kiran Namdeo Aucha (P.W.10), Investigating Officer, at about 11.00 p.m. received an information from police head constable Shinde that the owner of Sunil Hotel at Lamboti, viz., Abhiman Waghmode has informed the police station by phone that his servant Ashok Parasappa Kodvan (the appellant) has killed his wife in the field at Lamboti. Police station diary entry (exh.39) was made accordingly. PSI Aucha went to gat no.66 owned by Abhiman with the police staff. They found the dead body of a woman lying in the field near the wasti and the appellant was detained by Sidhram Bhau Kore in that wasti. The dead body was seen by the police personnel in the light of torch and noticed that the deceased sustained injuries on the fore-head and neck. The dead body was taken to Primary Health Centre, Mohol. Sidhram was asked to go to the police station for filing F.I.R. Inquest panchanama of the dead body was drawn the next day morning and, thereafter, the dead body was referred for post-mortem. The appellant-accused was arrested at about 4.00 a.m. on 14.7.2002, after registration of crime no.196/2002. Sidhram was the resident of Pankangaon. However, at the relevant time, he was residing in the land of Waghmode at Lamboti and lodged a report in the police station alleging that the appellant and his two brothers, viz., Basveshwar and Suresh were working under his landlord Kuber Apparao Waghmode since a fortnight from the date of the incident along with their family members. The appellant married deceased Vanita after deserting his first wife. A week before the incident i.e. on 13.7.2002, the appellant beat his wife, suspecting her' chastity. On 13.7.2002 while the complainant Sidhram Bhaurao Kore was sleeping in his house, the nephew of his landlord, viz., Appasha @ Kinchya came to his wasti at about 10.00 p.m. and told Abhiman Waghmode that the appellant was beating his wife and the mother of the appellant Vithabai sent him to call the landlord. Abhiman asked the complainant Sidhram to go and tell the appellant not to quarrel with his wife. Sidhram along with Appasha Vanmane went to the wasti on motorcycle where the appellant was residing with his wife and mother. When they reached near the wasti of the appellant, they saw that the appellant and his mother Vithabai were sprinkling water on the face of Vanita who was lying in the field near the wasti. The complainant Sidhram asked Vithabai about the incident and she told him that the appellant beat Vanita and she was dead. The complainant also found that Vanita was dead. The appellant was trying to run away from the spot. However, the complainant caught him and detained him in the wasti. Thereafter, the police came to the spot.

4. The inquest panchanama of the dead body was made in the Rural Hospital, Mohol, on 14.7.2002, clothes of the deceased were seized and produced by police constable in Mohol police station. After arrest of the appellant, his clothes were also seized under a separate panchanama on the same day. The pieces of red coloured broken bangle were seized and the sample of soil was taken by drawing separate panchanama. The incident had taken place in the land bearing gat no.66 owned by Kuber Apparao Waghmode. The postmortem examination on the dead body was conducted in the Rural Hospital from 9.30 a.m. to 10.30 a.m. on 14.7.2002. The nature of the injuries sustained by the deceased were mentioned in the post-mortem report. All these injuries were antemortem and as