(PER A.S. GADKARI, J.) :

The Appellant has challenged the judgment and order dated 2nd January, 2009 passed by the Additional Sessions Judge, Thane in Sessions Case No.303/2006 thereby convicting the Appellant for an offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.5,000/-, in default of payment of fine to further undergo simple imprisonment for six months.

2. The facts which are necessary to decide the present Appeal can briefly be stated as under :

The Appellant is the husband of the complainant (P.W.1) Rekha Kharatkar. The Appellant and P.W.1 – Rekha were residing together along with their two sons viz. Pritesh aged 11 years and Yatish aged about 9 years. Pritesh was studying in 6th standard and Yatish was studying in 4th standard in Tilak Education Society, Vashi. The Appellant was a tempo driver. That one Janardan Patil from village Nelje was friend of the Appellant and he used to visit his house. The Appellant had suspicion about illicit relation of Janardan Patil with his wife Rekha (P.W.1). The Appellant used to beat his wife – complainant Rekha and his sons Pritesh and Yatish. Tha