Important Point - “Domestic cruelty” is different than “legal cruelty” as defined by Explanation to Section 498A of the IPC.

1. The application for suspension of sentence imposed on the appellant/accused and releasing him on bail came to be argued by the learned advocate appointed to represent the appellant/accused at the cost of the State. Upon arguing that the application for suspension of sentence filed by the accused through jail, the learned appointed advocate submitted that arguments advanced by her should be treated as her final arguments in support of the appeal. The learned APP also advanced her arguments and submitted that appeal itself can be disposed of finally in terms of the arguments advanced by her. That is how the appeal itself is being decided finally.

2. By this appeal, the appellant/accussed is challenging the judgment and order dated 21st July 2014 passed by the learned Additional Sessions Judge, Greater Bombay, Mumbai, in Sessions Case No.666 of 2012, thereby convicting him of offences punishable under Sections 307 and 498A of the Indian Penal Code, 1860, and sentencing him to suffer rigorous imprisonment for 10 years apart from direction to pay fine of Rs.10,000/and in default to undergo further rigorous imprisonment for 1 year for the offence punishable under Section 307 of the IPC and to suffer rigorous imprisonment for 3 years for the offence punishable under Section 498A of the IPC.

3. Facts necessary for deciding the instant appeal are thus:

According to the prosecution case, victim of the crime in question is PW1 Chhaya Subhash Jadhav. She is the wife of the appellant/accused. The couple had two sons out of this wedlock. The appellant/accused was working as a watchman whereas PW1 Chhaya Jadhav was working as a maid servant. They were residing in a tenanted room owned by one Geeta Yadav. The appellant/accused was not providing any money to his wife PW1 Chhaya Jadhav for household expenses.

4. PW13 Shantabai is mother of PW1 Chhaya Jadhav. She had sold agricultural land owned by her and had received an amount of Rs.5,00,000/. The appellant/accused was frequently asking PW1 Chhaya Jadhav to bring money from his mother-in-law PW13 Shantabai. Because of this demand of money, there used to be frequent quarrel between PW1 Chhaya Jadhav and her husband – appellant/accused Subhash Jadhav. It is case of the prosecution that PW1 Chhaya Jadhav lodged several complaints against the appellant/accused with D.N.Nagar Police Station and started residing separately from the appellant/accused by joining company of her mother. The appellant/accused had threatened to kill her.

5. According to the prosecution case, on 10th July 2012 at about 9.50 p.m., PW1 Chhaya Jadhav was proceeding to the house of one Alpana by Juhu-Versova Link Road for discharging her duties as a maid servant. At bus stop no.56 on that road, the appellant/accused accosted her and assaulted her by means of a sharp edged weapon on her head. PW1 Chhaya Jadhav started bleeding profusely and cried for help. Passersby from the road gathered. PW3 Abdul Patni intervened in the assault. PW6 Mahesh Patel had also seen the incident. PW8 Salim Khan also reached the spot of the incident. Information of the incident was immediately given to the police. PW7 Gajanan Yelve Head Constable, PW9 Ravindra Salunkhe – Police Nayak, PW10 Ijaz Shaikh – Police Nayak and PW11 Madhukar Dhuri – Head Constable reached the spot of the incident. The FIR of the incident came to be lodged by PW1 Chhaya Jadhav. Injured PW1 Chhaya Jadhav was sent to Cooper Hospital for medical treatment. PW14 Dr.Dale Rodricues treated her at that hospital. Investigation of this Crime No.222 of 2012 for offences punishable under Sections 307 and 341 of the IPC and Section 37 read with 135 of the Bombay Police Act registered with D.N.Nagar Police Station, was carried on by PW15 Sandeep Vedpathak – P.S.I. attached to that police station. On completion of investigation, he filed chargesheet against the appellant/accused and accordingly Sessions Case No.666 of 2012 came to be registered.

6. Charges for offences punishable u