JUDGMENT :

J.M. PANCHAL, J.

1. Instant appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (“the Code” for short) is directed against judgment dated September 24, 1996 rendered by the learned Sessions Judge, Panchmahals at Godhra in Sessions Case No. 56 of 1996 by which the appellant is convicted of the offence punishable under Section 302 read with Section 301 of Indian Penal Code (“Indian Penal Code” for short), and sentenced to suffer R.I. for life and fine of Rs. 200.00 (Rs. Two Hundred Only), in default R.I. for three months.

2. The appellant is a resident of village Khandivav, Taluka Jambughoda, District Panchmahals. Deceased Lilaben was his wife. The appellant has two sons, i.e. Ranjit and Arjun. Ranjit is widower and, therefore, was residing with the appellant whereas Arjun was residing in a separate house situated near the house of the appellant. The incident in question took place on November 7, 1995 in the house of the appellant. Jashiben, who is daughter of the appellant, had come to the house of the appellant for delivery and was accompanied by her husband, Rajubhai. The appellant was suspecting chastity of his wife. At about 9.30 p.m. the appellant