JUDGMENT :

1. The sole accused is the appellant before us. The challenge is to the judgment of the Division Bench of the High Court of Bombay in Criminal Appeal No. 230 of 2001 dated 4.4.2005 by which the appellant was convicted for the offence punishable under Section 302 read with Section 498 A of the Indian Penal Code and was sentenced for life as well as rigorous imprisonment for three years apart from a fine of Rs. 300/-, in default, to undergo further rigorous imprisonment for three months with a direction that the substantive sentences shall run concurrently.

2. The brief facts which are required to be stated are that the deceased Taiyrabi is the wife of the appellant herein. Their marriage was solemnized 15 to 16 years prior to the incident. According to the prosecution, the appellant was suspecting the character of his wife and was constantly ill-treating her and was also assaulting her. On the fateful day, i.e., 20-10-1999 when the appellant and deceased were in their house at about 4.45 a.m., the appellant is alleged to have inflicted injuries on the chest of the deceased. The deceased sustained bleeding injuries which was witnessed by Hanimabi PW 3 who is none other than