As per Hon'ble Shri Radhe Shyam Sharma, J.

1. This appeal is directed against judgment dated 12-9-2008 passed by Sessions Judge, Korea (Baikunthpur) in Sessions Trial No. 107/2007. By the impugned judgment, accused! appellant Surajlal has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.1000/-, in default of payment of fine, to further undergo rigorous imprisonment for 6 months.

2. The case of the prosecution, in brief, is as under:

Deceased Kuntibai was sister-in-law (Bhabhi) of appellant Surajlal, sister-in-law (Jethani) of Sanmat Bai (PW-2) and mother of Ram Kumar (PW-6). On the date of incident, i.e., 20-8-2007 deceased Kuntibai, Sukhlal (PW-l), Sanmat Bai (PW-2) and Kalawati (PW-4) were sowing paddy crop in the field of Sukhlal (PW -1). Sukhlal (PW -1) went to Daihan and left their cattle in the Daihan and thereafter he came back to his field. When he reached near the field, he heard shout of his wife Sanmat Bai (PW-2) that the appellant was drowning the deceased in the pond (Talab). He reached near the pond and saw that the appellant was drowning the deceased into the water. He entered into the water and took the