A.M. THIPSAY, J.:-

The appellant and three others were prosecuted on the allegation that they had committed offences punishable under Sections 302, 498A, 323, 324, 504 of the I.P.C. r.w. Section 34 of the I.P.C. The Ad-hoc Additional Sessions Judge-1, Ambejogai, who tried them, held the appellant guilty of offences punishable under Sections 302 and 498A of the I.P.C. He sentenced the appellant to suffer imprisonment for life and also to pay a fine of Rs.1000/- with respect to offence punishable under Section 302 of the I.P.C. and to suffer R.I. for two years and also to pay a fine of Rs.500/- with respect to offence punishable under section 498A of the I.P.C. The learned Judge found the other accused, who were father, mother and brother of the present appellant, not guilty and acquitted them. The appellant, being aggrieved by his conviction and the sentences imposed upon him, has appealed to this court.

2. The facts of the case may, in brief, be stated as under:-

a) The appellant had married Pushpa some time in the year 1997. The appellant and Pushpa were residing with the other accused, at village Kharmata. Two sons; viz. Sharad (P.W.12) and Saurabh (P.W.10) and a daughter-Priyanka (P.W.11)-were born out of the wedlock between the appellant and Pushpa. Pushpa was treated well for about 10 years from the marriage, but thereafter, the appellant and the other accused started harassing her. The appellant was intending to perform a second marriage and therefore, he was insisting upon Pushpa to give her consent for the second marriage. The appellant also wanted to purchase a jeep and therefore, the appellant and other accused had started pressurizing Pushpa for bringing an amount of Rs.50,000/- from her parents. Pushpa had told to her parents about the ill-treatment, but the parents had persuaded her and sent her back to the matrimonial home. The parents of Pushpa had also told the appellant and other accused not to harass her. Pushpa was beaten some time in the year 2005 and was sent to her parents' house. She complained to her parents about the ill treatment given to her by all the accused persons. That, the appellant then came to the house of Pushpa's parents at Pawarwadi. There also, he picked up a quarrel with Pushpa and beat her with a stick. When mother of Pushpa-Ashabai (P.W.13) -intervened; she was also beaten by a stick. Pushpa was again persuaded and sent back to matrimonial home, but there was no change in the behaviour of the appellant and the other accused.

b) That, on 17.4.2007, the original accused No.4 Subhash has come to the house of the appellant and Pushpa, at about 7.00p.m., and had taken Priyanka (P.W.11) and Sharad (P.W.12) to his village Neknoor on his motorcycle, for watching a Powada programme. Pushpa, the appellant, their youngest son Saurabh (P.W.10) and the original accused No.2 Babasaheb-father of the appellant as also the original accused No.3 Prayagabai-mother of the appellant, were at Kharmata. That, Pushpa and the appellant slept in the courtyard. The accused No.2 Babasaheb slept in the farm house and the accused No.3 Prayagabai slept in the gallery. That, the appellant who was having a grudge against Pushpa since she had refused to give her consent for the second marriage and had also not brought an amount of Rs.50,000/-, assaulted Pushpa by an axe and stick and caused injuries on her head, neck and limbs. This was seen by Saurabh (P.W.10) who had been sleeping in the house.

c) Somehow, the original accused No.4 Subhash, who was at Neknoor, learnt about the said assault and rushed to Kharmata alongwith Priyanka and Sharad. Pushpa was found lying in an injured condition. She was unconscious. The original accused No.4 Sub hash went to Pushpa's parents at Pawarwadi and informed Pushpa's brother Krishna (P.W.1) and father Sarjerao (P.W.14) that the appellant had assaulted Pushpa by an axe and that Pushpa was admitted in the hospital at Neknoor. Krishna (P.W.1) along with his uncle Bapu went to the