C.V. BHADANG, J.

1. The appellant was prosecuted for the offence punishable under Section 302 of the Indian Penal Code (‘IPC’ for short) in Sessions Case No.127/1999 on the file of the learned Additional Sessions Judge, Achalpur. By a judgment dated 2.8.2000, the appellant came to be convicted for the offence as charged and has been sentenced to suffer imprisonment for life and to pay a fine of Rs.200/, in default to suffer further rigorous imprisonment for one month. Feeling aggrieved, the appellant has come up in appeal.

2. The prosecution case may be briefly stated thus : That, the appellant and now deceased Rajendra Shinde were residents of village Kandli. Fulabai is the wife of the appellant. It is said that the appellant and his wife were serving with deceased Rajendra. The appellant was suspecting that deceased Rajendra had illicit relations with his wife Fulabai. It is said to be the motive behind the offence. The incident in question had occurred at 19.5.1999 at about 7.00 pm near Kavita Talkies, in front of the house of PW5 Mohd. Khalilul Rahman @ Babbu Musalman. While the deceased was passing by the road, in front of Kavita Talkies, the appellant, armed with a knif