(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)

1. The present appeal is directed against the Judgement and Order passed by the learned Sessions Judge, in Session Case No.39/01, whereby the appellant-accused has been convicted for the offence under Section 302 of the Indian Penal Code read with Section 135 of the Bombay Police Act and the sentence has been imposed for life imprisonment with the fine of Rs.1000/- for the offence under Section 302 of Indian Penal Code and imprisonment for 4 months with the fine of Rs.100/- for the offence under Section 135 of the Bombay Police Act.

2. The facts of the case appears to be that as per the prosecution case, the appellant-accused himself declared before the police that his wife Madhu (hereinafter referred to as the deceased ) had married since last 18 years and there are two children, son Nilesh aged 16 years and daughter Daksha aged 12 years. The deceased was doing labour work in the field of one Amarsinh Dalaji Darbar and some money was taken by the deceased for construction of the house and the same was to be recovered by installment from the salary of the deceased by the said Amarsinh Darbar. Since she was not coming home duri