V.L. ACHLIYA, J. :- This appeal is preferred by appellant-original accused No.1 against the judgment and order dated 28/10/2009 passed by the learned 1st Ad-hoc Additional Session Judge, Greater Mumbai in Session Case No.501 of 2008, whereby the appellant/original accused No.1 held guilty of offence u/s. 302 of Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs.2,000/- and in default to suffer further rigorous imprisonment for six months. Being aggrieved by the judgment and order, the appellant has preferred this appeal.

2. In brief, the facts leading to filing of this appeal are as under:

(i) As per the prosecution case, the marriage of deceased Vijay was solemnized with appellant/accused No. 1 Jyoti on 09/05/2007. After her marriage, the appellant came to Mumbai for cohabitation with deceased- Vijay. On 08/06/2007, Ramchandra Malusare the brother of Sahebrao Malusare (PW2)-the father of deceased- Vijay was expired. For the purpose of performing his last rituals, Sahebrao (PW2) and his family members including deceased- Vijay and appellant-Jyoti went to their village Gadhevali, Taluka Mahabaleshwar. District-Satara. After performing rituals, deceased- Vijay and Jyoti returned to Mumbai on 10/06/2007. Abhay (PW1)-the younger brother of deceased- Vijay returned back to Mumbai on 08/06/2007 after performing funeral of Ramchandra Malusare. On 14/06/2007, deceased Vijay left for his work at 8.00 a.m. and came back to his house at about 10.30 p.m. On 14/06/2007, at about 11.00 p.m., Abhay (PW1), deceased- Vijay and accused No.1-Jyoti took dinner together. After taking dinner, at about 11.30 p.m. Abhay (PW1) went to the mezzanine floor for sleeping and deceased- Vijay and accused No.1- Jyoti were alone in the room. On the next day morning - i.e. on 15/06/2007 - at about 6.30 a.m., accused No. 1-Jyoti went to the mezzanine floor and informed Abhay (PW1) that Vijay was not getting up. Therefore, he came in the room where Vijay was sleeping. He tried to awake his brother- Vijay who was sleeping on the bed, but he did not respond. Therefore, he called his neighbours, who also tried to awake him. He informed this fact to his parents on phone. With the help of neighbours, Abhay (PW1) carried Vijay to Rajawadi Hospital. Ghatkopar. Medical Officer who examined Vijay disclosed that he was already dead. There was injury on his throat and the blood was oozing from his nose and ears and froth was coming from his mouth. Doctor who examined Vijay, expressed that deceased might have died due to strangulation. The fact that deceased brought to hospital and declared as dead was intimated to Police Station, Ghatkopar. P.S.I.-Khandvi (PW12), who was then officer on duty at police station, immediately came to Rajawadi Hospital and inspected the body of deceased in presence of panchas and prepared inquest panchanama vide Exh.31. During inquest panchanama, he noticed marks of injuries over the body of deceased including throat and seen the blood was oozing from nose and ears and the froth was coming from his mouth. PSI-Khandvi started inquiry to ascertain the cause of death of deceased by registering A.D.R. No.70/07.

(ii) During the course of inquiry, PSI Khandvi (PW 12) visited the spot of incident. In presence of panch witnesses, he inspected the spot i.e. Room No.13, Dattatraya Chawl No.8. Indira Nagar No.2, Sai Nagar road. Ghatkopar (W). Mumbai where the incident was occurred. In the room, he found one towel (Art.A), piece of lungi (Art.B) lying on washing machine. He has also found one pillow (Art.C) which was lying behind the washing machine. He found blood stains over those articles. He seized sealed and taken into custody the said articles after making spot-cum-seizure panchanama vide Exh.18. The dead body of Vijay was sent for postmortem. Dr. Waman Kedari Gaikwad (PW 11) conducted the postmortem. He found ligature mark encircling the neck on the body of deceased- Vijay. He also found contusion over the sc