(PER SMT. V.K. TAHILRAMANI, J.):

1. The appellant-original accused has preferred this appeal against the judgment and order dated 28.7.2011 passed by the learned Sessions Judge, Sangli, in Sessions Case No.160 of 2010. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him to suffer imprisonment for life and to pay fine of Rs.10,000/, in default RI for one month.

2. The prosecution case briefly stated, is as under:

(i) The deceased Vandana was the daughter of PW7 Hariba and sister of PW6 Bharat. Vandana was married to the appellant. The appellant and Vandana had four daughters. PW5 Suvarna wasthe eldest daughter of the appellant and Vandana. The appellant, Vandana and their daughters were residing at village Karanje, Taluka Khanapur, District Sangli. Vandana and the appellant were doing labour work. The appellant used to consume liquor and used to abuse and beat his wife Vandana. The appellant was suspecting the character of Vandana. According to the appellant, his wife Vandana was having illicit relation with Vithu Gavali and Vitthal Kapse and on this count he used to abuse and beat his wife Vandana.

(ii) The incident took place on 30.5.2010. On that day the appellant and his wife Vandana as well as their daughter had gone to attend the marriage. They returned home at about 7 p.m. along with PW-9 Rajaram. At about 8.30 p.m. the appellant, his wife Vandana and their daughters and PW-9 Rajaram alias Rajumama took dinner in the house of the appellant. The appellant had consumed liquor and he was abusing his wife Vandana and also beating her. The appellant told Vandana not to go for work to Vitthal Kapse. The appellant was telling Vandana that she has illicit relation with Vithu Gawli and Vitthal Kapse. After dinner Vandana told her daughter PW-5 Suvarna to give a call to Suvarna’s maternal uncle i.e. PW-6 Bharat who was the brother of Vandana. Accordingly Suvarna went to the grocery shop and from the coinbox she talked with her grandfather PW-7 Hariba. Suvarna told Hariba that since two days her father i.e the appellant was abusing and beating her mother Vandana and she told Hariba to come to their house. Hariba told Suvarna that her maternal uncle i.e. PW-6 Bharat was ill and he will come in the morning. Then Suvarna returned home. When she returned home, she saw that her father was abusing her mother Vandana and also beating her. The appellant forced his daughters to sleep in the courtyard and PW-9 Rajumama also slept in the courtyard. The appellant and his wife Vandana slept inside the house. After hearing shouts of her mother Vandana, Suvarna woke up. She heard her mother shouting for help. Suvarna woke up her sister Sujata and both of them asked their father not to beat their mother and to open the door. Suvarna also woke up PW-9 Rajumama, but he asked them to go to sleep. Then Suvarna and her sister went to the shop to talk on phone to their maternal uncle, but the shop was closed. Hence, she returned home. When she returned home, Suvarna heard her mother shouting for help as her father was beating and abusing her mother. Then Suvarna and her sister went to the house of their neighbour PW-8 Bhimrao and asked him to come to their house as their father was beating their mother. PW-8 Bhimrao told them to sleep in his house and that they would go later. Then they slept in the house of PW8 Bhimrao. In the morning, Suvarna and her sister returned home. They saw the door of the house was open and blood was lying on the floor and pieces of bangles were seen on the floor. Nobody was in the house. Suvarna enquired with Sakhubai about her parents. Then Sakhubai showed Suvarna the dead body of her mother Vandana lying on the road. Suvarna saw dried blood was on the face of her mother. There was black mark on the throat. At about 6 to 6.30 a.m. her maternal uncle PW6 Bharat and her grandfather PW-7 Hariba came to the house of Suvarna. Thereafter PW-6 Bharat lod