1. Heard Adv. Mr. A.S. Deshmukh, for the appellant, and learned APP Mr. N.B. Patil, for the respondent.

2. The challenge in this appeal is to the judgment and order dated 10-11-2011, rendered by the learned Sessions Judge, Parbhani, in Sessions Trial No. 113/2011, thereby convicting the appellant (original accused) [hereinafter referred as per his original status i.e. 'accused'] for the offence punishable under Section 304 Part II of Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years, and to pay fine of Rs. 3,000/-, in default of payment of fine, to undergo further simple imprisonment for six months. In fact, accused was charged for the offence punishable under Section 302 of IPC but was acquitted thereunder and came to be convicted and sentenced for the offence punishable under Section 304 Part-II of IPC, as aforesaid.

3. The brief facts which gave rise to the present appeal are as follows:-

(a) The incident, in question, occurred on 2-3-2011 at about 11.30 hours at the residential house of the accused in village Dhasadi (Taluka & District : Parbhani). It is alleged that victim Jijabai, who was wife of accused herein, namely, Ramnath s/o.