Indira K. Jain, J.

This appeal is preferred by the original accused against the judgment and order, dated 11.6.2012, passed by the learned Sessions Judge, Nanded, in Sessions Case No. 160 of 2011. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to imprisonment for life.

2] For the sake of convenience, we shall refer the appellant in his original status as accused as he was referred before the trial court.

3] The gist of the prosecution case is as under :-

(i) Incident took place on 5.8.2011 between 7.30 p.m. and 8.00 p.m. in the house of accused, situated at Koli, Taluka Hadgaon, District Nanded. Accused was married to Punyarathabai before 19 years of the incident. The couple was blessed with one daughter and two sons. Sons were residing at the house of father of Punyarathabai at village Shivni (Bk.), Taluka Kalamnuri, District Hingoli. Accused, his wife Punyarathabai and daughter were residing together. They were the labourers.

(ii) According to prosecution accused was suspecting infidelity of his wife and on that count he used to illtreat, abuse and threaten to kill her.

(iii) On 5.8