JUDGMENT PRAKASH CHANDRA GUPTA, J. : – Appellant has filed this appeal under section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the “Cr.P.C.”), against the judgment dated 9-8-2012, passed by the learned Sessions Judge, Dewas in S.T. No. 42/2012, whereby the appellant has been convicted under section 302 of the IPC (hereinafter referred to as “the IPC”) and sentenced him to rigorous imprisonment of life.

2. It is admitted fact that the deceased Pavitra Bai was earlier married to a person, resident of village Babadiya. Prior to 3 years of the incident, Pavitra Bai and appellant had love marriage. Thereafter, deceased used to live with her husband/appellant at Rajiv Gandhi Nagar, Dewas. Her father-in-law Tej Singh (PW/3) and mother-in-law Smt. Sugan Bai (PW/4) were also living with deceased and appellant in the same house, in which, the incident had taken place. At the time of marriage, family members of the deceased had told the appellant that the uterus of the deceased is small, and she will not be able to conceive child, even after knowing this fact, the appellant had married the deceased.

3. The facts lie in a short compass, which proceeds as, sister