[Per: Dr. Shalini Phansalkar-Joshi, j.]

1. The appellant, who stands convicted by Additional Session Judge, Mumbai, in Sessions Case No.705 of 2004, vide judge dated 11.09.2008, for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.2,000/-; in default to suffer rigorous imprisonment for one year, by this appeal, challenges his conviction and sentence.

2. Brief facts of the appeal can be stated as follows :-

Deceased Aruna was the wife of the appellant. She had a daughter by name Swarupa and a son by name Pawankar (P.W.5) Alongwith them, she was residing in room No.216 in PCL Colony, Chembur. The appellant was working as Welder and Fitter and in relation to his job he used to go abroad. P.W.1 Madhavi is a social worker and residing in the same locality where the appellant and deceased were residing.

3. On 10.4.2004, the appellant had returned from abroad and he met P.W.1 Madhavi on 12.4.2004 in the shop of Laxmi Tailor at about 7 to 8.00 p.m. There he told P.W. 1 Madhavi that he had sent amount of Rs.80,000/- to his wife Aruna, but she was not giving account of the said amount. He further t