JUDGMENT:

1. Heard. The Appellant herein is convicted under Section 304 Part II of the Indian Penal Code and he is sentenced to suffer R.I. for ten years and to pay fine of Rs.5,000/-, in default, to suffer S.I. for six months. The Appellant is also convicted for the offence punishable under Section 323 of the Indian Penal Code and sentenced to suffer R.I. for six months and to pay fine of Rs.1,000/-, in default, to suffer S.I. for three months. The accused is acquitted of the offence punishable under Section 504 of the Indian Penal Code by the Additional Sessions Judge, Pune dated 18.4.2014 in Sessions Case No. 434 of 2014.

2. Such of the facts necessary for the decision of this appeal are as under.

3. The Appellant herein was working as a watchman at Hotel Pyaasa, which is situated in a thickly populated area i.e. Mandai Area in Pune. The deceased Savita was residing in the said area along with her second husband. She was into the profession of prostitution. She used to visit Hotel Pyasa quite often along with her friend to consume alcohol.

4. On 2nd April, 2014, Savita had visited Hotel Pyaasa in the afternoon and had consumed alcohol. That at about 3.00 p.m., she had met her frie