The appellant has been convicted for the offence punishable under Section 307 of the Indian Penal Code and has been sentenced to suffer rigorous imprisonment for five years and to pay a fine of rupees two thousand in default to suffer rigorous imprisonment for three months. The appellant was tried by the learned Sessions Judge, Amravati for the offence punishable under Section 307 of the Indian Penal Code. Charge was framed on 5th December, 2012 to which the appellant had pleaded not guilty.

2. The allegations against the appellant, in short, were that the appellant was married to Mrs. Asha, sister of complainant Ravindra Dalal. There was dispute between Asha and the appellant and therefore, Asha started staying with her brother Ravindra. It appears that Asha had filed an application before the Judicial Magistrate First Class, Tiosa against the appellant for grant of maintenance. The complainant used to attend dates of hearing along with his sister.

3. The incident in question had occurred on 16th June, 2012 when the complainant had attended the Court along with his sister. Later in the day when the complainant was sitting in his shop situated at Zilla Parishad Market, Tiosa,