CAV JUDGMENT

(Per : HONOURABLE MR.JUSTICE MD SHAH)

1. In this appeal filed under Section 374 of the Criminal Procedure Code , the appellant-Dilavarkhan Hamidkhan Pathan has challenged his conviction under Section 302 of the Indian Penal Code ( "IPC" for short ) as well as the sentence of R.I. for life and fine of Rs.1000/-, in default, further three months R.I. recorded by the learnedAdditional Sessions Judge, Rajkot, in Sessions Case no.134 of 1995 vide judgment and order dated 21- 3-1997.

2. The relevant facts leading to the filing of the present appeal are that the incident in question is alleged to have taken place on 29th April, 1995 at the newly rented residential house of the accused at Jangaleshwar Sheri no.27 at Rajkot. The deceased Hasina daughter of the complainant had married with the appellant-accused who was residing at Hapa Village six years prior to the date of incident. Thereafter, both the appellant- accused and the deceased lived there happily with her husband- the accused and her in-laws for about one and a half years but later on the accused started consuming liquor and the deceased Hasina was subjected to physical torture and mental cruelty by beating her for n