JUDGMENT :

HIMA KOHLI, J.

1. The present appeal is directed against the judgment dated 26th July, 2010 passed by the Division Bench of the High Court of Bombay at Nagpur Bench. The High Court has dismissed the appeal preferred by the appellant against the judgment and order dated 29th April, 1997 passed by the 8th Additional Sessions Judge, Nagpur, convicting him for the offence under Section 302 of the Indian Penal Code, 1860¹[for short ‘IPC’] and sentencing him to suffer imprisonment for life with a fine of Rs.1,000/-(Rupees one thousand) and in default thereof, to suffer simple imprisonment for a period of three months.

2. The case set up by the prosecution is that the deceased, Pushpabai and the appellant had got married on 19th March, 1994. There was no issue from the marriage. The appellant was a T.V. Mechanic. It was alleged that the appellant was having an illicit relationship with a widow residing near their house, namely, Kusum Gaikwad. On 26th March, 1995, the appellant and Kusum Gaikwad went to watch a movie. When he returned home in the evening hours, he was confronted by his wife for having gone to watch a movie with Kusum Gaikwad. The appellant quarrelled with Pushpabai