S.S. SHINDE, J.

This appeal is directed against the judgment and order dated 22nd February, 2001, passed by the Sessions Judge, Aurangabad in Sessions Case no. 298 of 2000, thereby convicting appellant (original accused no.1) for the offence punishable under Section 302 of the Indian Penal Code (for short "I.P. Code").

2. The prosecution case in nut-shell, is asunder:-

(A) Sangita Madhukar Manmode (now deceased) was a resident of Kalyan Nagar, Pachod, Tq.Paithan. She had three daughters and was earning her livelihood by doing manual work. She had illicit relations with accused no.1 Tajoddin, who is resident of Islampura, Pachod, Tq.Paithan. About six months prior to her death, she had given an amount of Rs.8000/- to accused no.1 for purchase of land. At that time, accused no.1 assured her that he would purchase the land in her name, but accused no.1 spent that amount without purchasing any land.

(B) On the day of incident i.e. on 28th February, 2000 at about 8 or 8.30 a.m., Sangita went to the house of accused no.1 and demanded the amount of Rs.8000/-, which she had given to him for purchase of land. At that time accused no.1 abused and also threatened her that, if she would de