(1.) The Appellant who stands convicted for the offence punishable under section 302 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of RS. 1000/- and in default of payment of fine to undergo rigorous imprisonment for three months, by the Sessions Judge, 5, Pune, by judgment dated 25-7-2008 in Sessions Case No. 396 of 2007, by this appeal questions the correctness of his conviction and sentence.
(2.) Facts as are necessary for decision of this appeal, may briefly be stated thus :-
(3.) On the case being committed to the Court of Sessions, the trial Court vide 'Exhibit 4' framed charge against the appellant for offence punishable under section 302 of Indian Penal Code. The appellant having denied his guilt claimed to be tried. The prosecution in support of its case has examined five witnesses. The defence of the appellant was of denial. The trial Court, upon appreciation of evidence, has convicted and sentenced the appellant as afore stated.