SMT. V. K. T AHILRAMANI, J.

1. The appellant-original accused has filed this appeal against Judgment and Order dated 27th January, 2006 passed by the learned IIIrd Additional District and Sessions Judge, Baramati, Dist. Pune in Sessions Case No. 20 of 2005. By the said Judgment and Order. the learned Sessions Judge convicted the appellant under Section 302 of Indian Penal Code and sentenced him to imprisonment for life and to pay fine of Rs. 1000/- in default S.I. for six months.

2. The prosecution case briefly stated is as under:

(i) The appellant was married to Kamal. They had two children. Kamal was the daughter of P.W. 2 Sheelabai Dhotre. Sheelabai was residing at Zargadwadi, Taluka-Baramati, District-Pune. About 2½ months prior to the incident the appellant and his wife Kamal i.e. daughter of Sheelabai alongwith children of appellant and Kamal started residing behind the house of Sheelabai. On 12/2/1991 it was Mahashivratri. In the morning quarrel took place between deceased Kamal and Appellant. Kamal asked appellant to fetch something to break the fast. Hence, quarrel broke out between the two of them. Kamal then went to wash clothes. Her niece Baidabai who was residi