JUDGMENT

1. This is an appeal filed under section 374(2) of the Code of Criminal Procedure, 1973 (In short “Cr.P.C.”) against the judgment dated 26.10.2013 passed in Sessions Trial No.55/2013 by learned Sessions Judge, Khandwa, whereby the appellant was held guilty for committing an offence punishable under section 302 of Indian Penal Code (hereinafter referred as “IPC”) and directed to undergo sentence of life imprisonment with fine of Rs.5000/- with default stipulation.

2. Prosecution story in brief is that on 19.12.2012, complainant Shiv Pal Singh (PW-1) lodged a report at the Police Outpost Padamnagar, Police Station Moghat Road, Khandwa to the effect that on 19.12.2012 at about 10.30 in the morning, complainant was at his shop, when women of the house told on mobile to come home immediately. Thereafter, he reached the house and persons present at the spot told him that a fight is going on between Hemraj and Deepmala inside the house. Then, he reached near their house, sound of screaming was heard inside. He entered the house and saw that Hemraj was assaulting his wife with knife and he ran, in the meantime, Suraj Bai (PW-2) also came from behind. Hemraj assaulted Deepmala with