[Criminal Appeal No. 1603 of 2012 @ SLP (CRL) No.5734 of 2012]. Fakkir Mohamed Ibrahim Kalifulla, J. Leave granted and the scope of consideration in this appeal is limited to the nature of offence and the sentence to be imposed. This appeal is directed against the judgment of the High Court of Judicature at Bombay, Nagpur Bench dated 01.12.2011 passed in Criminal Appeal No.84 of 2006. By the judgment impugned in this appeal, the conviction of the appellant for an offence under Section 302 of IPC with a sentence of life imprisonment apart from fine of Rs.500/- in default of which to undergo rigorous imprisonment for three months by the learned Sessions Judge, Amravati in Sessions Trial No.195/2004 dated 22.09.2005 came to be confirmed. The brief facts which are required to be stated are that on 10.07.2004 P.W.1-Tulsabai preferred a complaint under Exhibit-38 with P.W.3-PSI Madhav Dhande attached to Police Station Frezarpura, Amravati which came to be registered as Crime No.138/2004. The printed First Information Report is Exhibit-39. According to the complainant, on 09.07.2004 between 9.30 p.m. to 10.00 p.m. while her husband, the appellant herein, was sleeping on a wooden cot which was in the front court-yard of the house, her son Balya-the deceased, came from outside and asked the appellant as to whether he had taken his dinner to which the appellant replied in the negative.
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