As per Hon'ble Shri Sunil Kumar Sinha, J. :-

1. This appeal is directed' against the judgment dated 29.01.1994 passed in Sessions Trial No.03/93 by the Second Additional Sessions Judge, Rajnandgaon. By the impugned judgment, the appellant has been convicted under Sections 302 & 201 I.P.C. and sentenced to undergo imprisonment for life and imprisonment for 3 years with a direction to run the sentences concurrently.

2. The facts, briefly stated, are as under:-

Vedobai (PW-10) is the wife of the appellant. The appellant was residing in his in-laws place. Deceased - Tarabai was the sister-in-law (Sali) of the appellant. The appellant had developed illicit relations with Tarabai. Tarabai got a male child from the appellant. After the village Panchayat, the appellant admitted to keep her as his second wife. The allegations are that in the intervening night of27.04.1993 & 28.04.1993, the appellant called Tarabai in his room; committed sexual intercourse against her; and thereafter, he committed her murder by throttling and also by assaulting her by spade and threw her dead body in the village pond. When the dead body was seen by the villagers, information was given to the police stat