JUDGMENT :

A.P. THAKER, J.

1. Present appeal under Section 374 of the Code of Criminal Procedure, 1973, is preferred by the accused against the judgment and order of conviction dated 17.05.2013 passed by learned 5th (Ad-hoc) Additional Sessions Judge, Surat, in Sessions Case No.72 of 2009, whereby he has been convicted for the offence under Section 302 of the Indian Penal Code and directed to undergo sentence of life imprisonment and to pay fine of Rs.10,000/- and, in default, to further undergo simple imprisonment for six months.

2. The facts, as emerge from record, are that the complaint came to be filed by the deceased Neelamben stating that her marriage was solemnized with the appellant before one and a half year and, after marriage for about four months, they stayed together at matrimonial home and, thereafter, she came at Surat along with her husband. It is further the case of the prosecution that the complainant and her husband were residing with her mother in a rented premises and husband was doing embroidery work. It is stated in the complaint that on 26.11.2008, at about 9 O’ clock, accused came home and had a heated exchange of words with the owner of the house for leakage