S.K. GANGELE, J.

1. Appellant has filed this appeal against the judgment dated 12.03.2008 passed by the XII Additional Session Judge, Fast Track Court, Jabalpur in Session’s Trial No. 364/2007 whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life with fine of Rs. 1,000/- with default stipulation.

2. The prosecution story in brief is that the deceased Brijesh Thakur was the step son of the appellant. The character of appellant was not good. He tried to outrage modesty of his daughter-in-law and other female members of the family. On 23.4.2007, he had tried to molest his daughter-in-law Manisha Thakur (PW-2) at the night. She and the deceased objected about the aforesaid act of the appellant. Due to this appellant made false allegation that the deceased had illegal relationship with Manisha who was the wife of younger brother of the deceased.

3. On 30.4.2007, after taking dinner, all the family members were sleeping in the house. The deceased was sleeping on the floor and on one side appellant and his brother in law (sadu bhai) Shankarlal Pal (PW-10) was sleeping on a bed. On other side, Radha Bai (PW-3) and