V.M. Deshpande, J.

1. Being aggrieved by the Judgment and Order passed by the learned Sessions Judge, Nanded in Sessions Case No.81 Of 2010 dated 21st December, 2010 by which the learned court below convicted the Appellant (Ori.Accused) for the offence punishment U/Section 498(A) of the Indian Penal Code, 1860 (In short, the I.P.Code) and sentenced to suffer rigorous imprisonment for a period of three [3] years and to pay fine of Rs.5000/- [Rs.Five Thousand only] and in default of payment of fine amount, he was directed to undergo further rigorous imprisonment for a period of one [1] year.

The Appellant was also convicted for the offence punishment U/Section 302 of the I.P.Code and sentenced to suffer imprisonment for life and to pay fine of Rs.10,000/- [Rs.Ten Thousand only] and in default of payment of fine amount, he was directed to undergo further rigorous imprisonment for a period of three [3] years.

The Appellant was further held guilty of committing an offence punishable U/Section 316 of the I.P.Code and sentenced to suffer rigorous imprisonment for seven [7] years and to pay fine of Rs.5,000/- [Rs. Five Thousand only] and in default of payment of fine amount, he was directed to undergo further rigorous imprisonment for a period of two [2] years.

However, the Appellant was acquitted for the offences punishment U/Section/s 504 and 506 of the I.P.Code. The learned court below directed that all the sentences to run concurrently.

2. The facts giving rise to the present Criminal Appeal can conveniently be stated as under:-

(i) P.W. No.5 Devrao Champatrao Gunjkar and P.W.No.6 Panchfulabai w/o Devrao Gunjkar resident of village Umri Bazar, Tal. Kinwat, Dist. Nanded are the parents of deceased Chanda @ Chandra. Deceased Chanda was the wife of present Appellant. Their marriage was solemnized on 27th April, 2009. After the marriage, couple resided for some period at village Umri Bazar and thereafter shifted to Hyderabad.

(ii) According to the prosecution, under the influence of liquor, the Appellant always used to cause ill-treatment physically to deceased Chanda. Due to the constant physical assault, the relatives of deceased gave an understanding to the Appellant that he should refrain himself from causing ill-treatment to the deceased. Even at Hyderabad, ill-treatment to deceased Chanda was continued, since the Appellant under the influence of liquor used to beat her on the count of very minor issues. Ill-treatment which Chanda metes out, intimated by her to her mother on mobile phone.

(iii) One month prior to the incident, Chanda contacted the complainant PW No.5 Devrao and it was disclosed to him that, she is pregnant. On getting this information, the complainant told the Appellant that the couple should be at Umri Bazar and after the delivery they can again go back to Hyderabad. Upon that, couple came from Hyderabad to Umri Bazar. Though they came at Umri Bazar, the Appellant started residing separately alongwith the deceased in one rented premises, owned by Anusaya Sadhubuwa Dongare. During his stay at Umri Bazar, the Appellant used to work with PW No.5 Devrao, father-in-law. He used to join the complainant daily in the morning hours. It is case of the prosecution that even during the pregnancy period also, under the influence of liquor, the Appellant used to inflict physical harm to the deceased Chanda.

(iv) On 10th January, 2010, PW No.5 Devrao had been to the residence of Appellant at 6 O'clock and gave call to the Appellant to accompany him for the work. Since there was no response to his call, he pushed the door and found that his daughter Chanda was lying in a dead condition. Said fact, he immediately intimated to the Village Police Patil, in turn, Police Patil informed the same to the Police Station, Mandwi. On getting said information about the unnatural death of Chanda, police immediately came at the spot at village Umri Bazar. P.W.No.5 Devrao lodged First Information Report against the Appellant; where