S. B. DESHMUKH, J. :- Heard respective counsel.

2. The judgment and order of the learned Extra Joint Ad-hoc Additional Sessions Judge, Nanded in Sessions Case No. 122 of 2010 dated 13.6.2011, thereby convicting the appellant for the offence under Section 302 of the Indian Penal Code ("IPC") and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.3,000/-, in default, to suffer simple imprisonment for three months is questioned in this appeal.

3. Prosecution story, in brief, is as under:-

Victim Kalpana was married to appellant (accused No.1) in May 1997. Out of the said wedlock she had two sons. At that time, appellant was in a private service as a Driver. Subsequently, he got the Government job and therefore, the family shifted to Nanded. Appellant used to drink and ill-treat the victim. He used to ask her to fetch Rs. 50,000/- from her parents. However, she did not disclose this to her parents with a hope that everything will be fine.

On the fateful day i.e. 25.6.2008 at about 9.00 p.m. drunk appellant came to home. He raised quarrel. At around 9.45 p.m., according to victim, when she was filling the lamp with kerosene, appellant came near her and ask