A.R. Joshi, J.

1. Heard rival submissions on this Criminal Appeal preferred by the appellant/orig. accused challenging the judgment and order of conviction dated 11th January, 2005 passed by the Additional Sessions Judge, Greater Bombay in Sessions Case No.122 of 2004. By the said judgment and order, the appellant/accused was convicted for the offence punishable under Section 302 of IPC and was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.1000/, in default to suffer imprisonment for six months.

2. The case of the prosecution, in nutshell, is as under:-

Appellant/ accused along with his wife Usha (since deceased) and his three children was residing together at Jogeshwari. PW1 Mrs. Urmila Sharma was his neighbour. PW2 Vishnu Tak was also a neighbour of appellant/accused. PW4 Bhjarat Jaiswal was his earlier neighbour when appellant/accused along with his family was staying at other place. PW3 is Chandan Gupta, a young son of appellant/accused. Said PW3 Chandan Gupta was then aged 13 years at the time of the incident.

3. Appellant/accused was doubting the character of his wife who used to do some minor labour work. He was doubting that his wife Ush