JUDGMENT :

S.S. SHINDE, J.

1. This appeal is directed against the judgment and order dated 16.10.2012 passed by Additional Sessions Judge, Palghar, thereby convicting the appellant-original accused for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short ‘IPC’) and sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/- and in default to suffer further imprisonment for six months.

2. The prosecution story in nutshell can be summarized as under-

On 29.08.2010 one Shashikant Churi, resident of Dahisar, Taluka- Palghar, District- Thane lodged a complaint in Tarapur Police Station stating that he along with his wife, mother, one sister Kamal and son Kavya reside at above address, works at Boisar and maintains his family. His younger sister Mrs. Vaishali (deceased) married with Haresh Gharat (original accused) about two years back. Said Haresh is driver by profession. Their married life was going nicely. He further stated that about 1 ½ years back said Haresh got job over a bus of Arjun Travels, and therefore, he was finding it difficult to attend his duties from Palghar, and therefore he had taken a room on rent at village Pofaran and they s