(1.) The appellant herein is convicted for the offence punishable under section 304 part II of the Indian Penal Code and is sentenced to suffer R.I. for 5 years and to pay fine of Rs. 1000/- I.d. to suffer R.I. for two months, by 6th Addl. Sessions Judge, Pune vide Judgment and Order dated 17/9/1997 in Sessions Case No. 211 of 1997. Hence, this appeal.
(2.) Such of the facts necessary for the decision of this appeal are as follows :
(3.) The prosecution examined as many as 8 witnesses to bring home the guilt of the accused. However, the case rests upon the evidence of P.W. 1 Kantaya, wife of the deceased. P.W. 2 Laxmi, daughter of the deceased and P.W. 3 Dr. Sudhir Nanadkar, who had performed autopsy on the dead body of the deceased.