ORDER

Rusia, J. -- 1. The appellant has filed the present appeal being aggrieved by judgment dated 31.10.2008 passed by Third Additional Sessions Judge, Khargone, West Nimar in Sessions Trial No.90/2008 whereby he has been convicted u/s. 302 of the IPC and sentenced to undergo life imprisonment and to pay fine of Rs.100/- and in default of payment of fine amount, to further undergo One year additional RI. This appeal has been filed through Legal Aid Services Authority. Facts of the case in short are as under :

2. As per prosecution story, the appellant and his wife - Surmi Bai were residing in a rented house of Gorelal (P.W.3) in Village Sirwel. Prior to that, they were residing in Khargone. They were engaged to work in the agricultural field of Gorelal. Sandeep (P.W.2) (minor) has started living with appellant - Santosh after the death of his parents. On 16.3.2008 before 5.00 am. appellant, deceased Surmi Bai, Sandeep (P.W.2), Suresh (P.W.11) and Pinku (P.W.12) were sleeping in the house constructed in the agricultural field. In the mid of night Sandeep (P.W.2) got up from sleep to drink water and saw that appellant was quarreling with the deceased Surmi Bai. The appellant took out