V.K. JADHAV, J.

1. By way of this criminal appeal, the appellant has challenged the judgment and order dated 15.05.2015 passed by Sessions Judge, Jalna in Sessions Case No. 176 of 2011 thereby convicting the appellant/original accused for the offence punishable under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs.1,000/-, in default to undergo R.I. for three months.

2. As this appeal has been filed by the appellant from jail, this Court, by order dated 17.03.2016, appointed Mr. Sagar Adhav, Advocate, to prepare appeal memo and argue the case on behalf of the appellant and admitted the appeal.

3. Brief facts, giving rise to the present appeal are as follows:

a. The appellant/accused married Savita (complainant) 10 to 12 years ago and out of said wedlock, the complainant has given birth to two sons, namely, Krishna and Ishwar (deceased). The appellant/accused was a labour and at times used to work in the agricultural field of one Asaram Bidve. Since marriage, he doubted Savita's character and alleged that she is having illicit relation with somebody and on that count he used to harass her. Many times the complainant had left company of the appellant/accused and had gone to reside with her parents at her parental home being fed up by the harassment by appellant/accused, and each time the appellant/accused had fetched her after two months or so and resumed cohabitation. One month prior to the incident, complainant Savita had returned to him and they had started residing in the agricultural field of Asaram Bidve where the accused had taken labour work. She had agreed to come and reside with him because the appellant had assured her of good behaviour. However, soon he started harassing her by alleging that the two sons are not from him as she was staying at her parental house for much time. He also used to think of the two sons as hindrance in doing labour work and due to them the complainant cannot do labour work in the agricultural land. He also asked the complainant to take the two sons to her brother's house, to which the complainant explained that younger son Ishwar (deceased) is only one and half years of age and cannot stay away from her.

b. On 18.07.2011 in the morning at 7.30 to 8.00 a.m., the appellant/accused was about to go to work in the agricultural land when he saw deceased Ishwar playing outside. The appellant picked him up and went away with him while the complainant started cooking food. After some time, the appellant alone came back to take sickle. The complainant asked him about Ishwar to which he replied that he had left Ishwar and he does not know where he is. The complainant started searching for Ishwar in the agricultural land but he was not found. The appellant/accused suggested her to look for Ishwar towards the well but she did not went there out of fear that the appellant might push her in the well. She called her cousin brothers who, along with the labours of the agricultural land, started search of missing Ishwar. On the say of the accused, they also peeped into the well but could see nothing due to high level of water. On next day, i.e. on 19.07.2011, the dead body of Ishwar was found floating in the well.

c. Initially, A.D. No. 28 of 2011 was registered. However, on 21.07.2011, the complainant lodged FIR with Aashti Police Station, Taluka Partur, District Jalna and Crime No. 32 of 2011 came to be registered for the offence punishable under Section 302 of IPC. The accused was arrested on 18.10.2011. After completion of investigation, charge sheet came to be submitted to the J.M.F.C., Partur. Since the offence under Section 302 is exclusively triable by the court of sessions, the case was committed to the Sessions Court, Jalna. The learned Sessions Judge framed charge and explained it to the appellant/accused in vernacular, to which the appellant/accused pleaded not guilty and claimed to be tried. His defence was of total denial. The learned Sessions Jud