Per BORA SANTOSH, J.: -

By this Criminal Appeal, under section 374(2) of Code of Criminal Procedure (2 of 1974), the appellant-Appa Kakrya Pawara seeks to challenge (the validity, legality and propriety of the judgment and order passed by the learned 0 4th Ad hoc Additional Sessions Judge, Dhule, in Sessions Case No. 16/2005 dated 18.4.2006, thereby convicting the appellant for the offence punishable under section 302 of Indian Penal Code and sentencing him 0 to suffer imprisonment for life and imposing a fine of Rs. 2,000/-; in default of payment of fine, imposing further rigorous imprisonment for a period of six months.

2. Briefly stated, .the prosecution case d, is as under:

Appellant Appa Kakrya Pawara is resident of village Chakadu, Taluka Shirpur, District Dhule. He married with Surmibai 11 years prior to 18.12.2004 (the date incident) at Shirpur. Surmibai is the daughter of Phadya as well as the sister of Bahadrya Phadya Pawara and Sahadarya) Phadya Pawara, resident of village Manjaripada, Taluka Shirpur, District If Dhule. Out of the said wedlock, the couple was blessed with five children-three daughters and two sons, namely, Ganga, Jamana, If Suklal, Mangalu and Bayadi. It is the case of the prosecution that the appellant (here in after referred to as the accused) was addicted to liquor and under the influence of liquor, he used to abuse, assault his wife Surmibai and also used to doubt her chastity.

It is the prosecution case that as Surmibai could not tolerate the behaviour and conduct of the accused, she left the matrimonial house with five children and started residing with her parents and brothers at Manjaripada, which is about 10 kms from the village Chakadu in Shirpur Taluka, since about ten to twelve months prior to the date of the incident. It is further alleged that, during the said period, the accused twice visited Manjaripada where Surmibai was residing and requested her to join him.

However, this request was not accepted by Surmibai as the accused did not accede to her request to stop the habit of drinking liquor. It is further prosec';ltion case that, in the meanwhile, Surmibai went to village Chakadu and left her five children at the house of the accused and, thus, on the date of incident, the children were not staying with deceased Surmibai' at village Manjaripada.

It is in these circumstances, on 18.12.2004, at about 6.30 a.m. (early hours of the morning) when Surmibai was present in the house of her parents and brothers, the accused came there and all of a sudden assaulted her with knife due to 'which she sustained cut incised wound 4 cm x 2 cm x deep over just lateral to left scapular region and piercing through 3rd and 4th rib from posterior. Within short time, Surmibai succumbed to the injuries in the house. It is the case of the prosecution that, Sahadrya, brother of deceased Surmibai, Phadya, her father, Keshariabai, wife of another brother Bahadrya, were present in the house. As the Surmibai cried for help, her brother Sahadrya came in the kitchen room where she was assaulted by the accused and he tried to catch hold the accused but the accused was trying to run away from the spot. Thereafter accused dropped the knife on the floor. In the meanwhile, even Phadya, father of Surmibai came in the kitchen room from the first room and he found that the accused had assaulted Surmibai with knife and father held Surmibai in both his hands. Bahadarya, the other brother, had just left the house and was away at 200 fts, distance from the said house. Due to hue and cry made by his wife Keshariyabai, he rushed to the house and found that Surmibai was assaulted and she had sustained bleeding injury and she was held in his hands by his father whereas, his brother Sahadrya had caught hold the accused, who had dropped the knife on the floor. It is alleged by the prosecution that Sunnibai told Bahadrya that she was assaulted by her husband with knife. Surmibai died within few minutes as she had sustained serious inju

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