JUDGMENT

1. The challenge in this appeal is to the conviction and sentence inflicted upon the appellant (original accused no.1) by judgment and order dated 5.12.2009, rendered by the learned Additional Sessions Judge, Parbhani, in Sessions Trial No. 24 of 2008, convicting the appellant under Section 304 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for five years and to pay fine of Rs.2,000/-, in default of payment of fine to suffer S.I. for one month.

2. The factual matrix of the prosecution case can be summarised as under:-

It is the case of prosecution that deceased Shobha i.e. victim herein was the wife of appellant herein and she was residing with the appellant along with her three children in her matrimonial home at Pimpalgaon, Taluka Jintur. The marriage between deceased Shobha and accused no.1 was solemnized about eight years back from the date of incident. It is alleged that the appellant herein used to assault victim Shobha under the influence of liquor frequently. It is also alleged that about prior to eight days of the date of occurrence of the incident, the appellant made scene in the house under the influence of liquor and he sold grains