JUDGMENT/ORDER

1. The appeal and revision arise out of the judgment and order dtd. 11/6/2009 passed by the learned Additional Sessions Judge, Nagpur and therefore, the same are being disposed of by this common judgment. The learned Additional Sessions Judge convicted the accused for the offence punishable under Sec. 304 Part II of the Indian Penal Code (for short "the I.P.C") and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs.75, 000.00 and in default of payment of fine to suffer further rigorous imprisonment for one year. The learned Additional Sessions Judge acquitted the accused of main charge under Sec. 302 of the I.P.C.

2. The facts are as follows:

Informant - Babikala(PW-1) is the wife of deceased Sharad. On the report of the informant, crime bearing No.65/2004 came to be registered initially for the offence punishable under Sec. 324 of the I.P.C. The husband of the informant died in hospital on 22/2/2004 and therefore, the offence punishable under Sec. 302 of the I.P.C. was added in the said crime.

3. It is the case of the prosecution that accused and the informant are residents of same locality. The accused at the relevant time was a Corpor