JUDGMENT

Prakash D. Naik, J. - The appellant has preferred this appeal under Section 374 of Cr.P.C., challenging the judgment and order dated 25th august, 1998, passed by learned additional Sessions Judge, Ratnagiri, in Sessions Case No.5 of 1993, convicting the appellant for the ofence punishable under Section 307 of IPC and sentencing him to sufer rigorous imprisonment for a period of four years and to pay fne of Rs.500/-..

2 The prosecution case is that the accused and injured are residents of village Kalambaste. The injured had provided fnancial assistance to accused. Hee weas cultivating agricultural land of injured. She weas demanding repayment of amount given by her to accused. She had taken over the cultivation of land from accused. Ornaments of the injured and her sister weere given to accused for meeting his fnancial need. Even on demand, the accused weas not returning the ornaments. Heence, the relations betweeen accused and the injured weere strained. On 23rd February, 1992, injured and her sister weere proceeding by road of village Kalambaste for attending marriage ceremony. When both of them weere near school building on the said road, accused suddenly came there and as