Shalini Phansalkar Joshi, J.

1. This appeal is preferred by the original accused No.1, who has been convicted, in Sessions Case No.767 of 2008, by the City Civil and Sessions Court, Mumbai, vide its judgment and order dated 6.8.2013, for the offence punishable under Sections 302 and 201 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/- in default to suffer S.I. for five months, on the first count; and to suffer imprisonment of six months and fine of Rs.1,000/- in default to suffer S.I. for one month, on the second count.

2. Brief facts of the appeal can be stated as follows:-

On the night intervening between 7th and 8th August, 2008, P.W.1 ASI Deshwal was on night patrolling duty alongwith P.W.11 Ijak Khare, in the Versova Mobile van No.2. At about 11.00 p.m., they received wireless message from the police station that at Johara Agri “K” Building, one lady was being assaulted. Hence on the receipt of this information, they immediately went to the said spot and reached there at about 11.07 p.m. On enquiry with the persons gathered there, they came to know that some incident has happened in Flat No.14 on the third floor of the said building. Hence, they rushed to that flat. One person who was inside the flat attempted to open the door. However, as soon as he witnessed them, the said person tried to shut the door. However, P.W.1 ASI Deshwal and P.W.11 Khare forced the door open and entered in that flat. According to prosecution case, the person who was inside the said flat and who obstructed these witnesses to enter therein, was appellant herein.

3. It is further case of prosecution that these witnesses noticed the blood stained clothes on his person and a fresh injury on his face. On enquiry, appellant disclosed that since last about three months, he was married with one lady by name Rani. However, Rani started having affair with Deepak. Therefore, he got annoyed and hence on that night, when he returned to the house and found both Rani and Deepak in compromising position on the bed in the hall, he started assaulting Deepak by fist-blows. At that time, Rani inflicted blows on his head with wooden stick (Latani). Therefore, he lifted an axe which was below the bed and inflicted blow on the head of Deepak. Deepak sustained injuries and became unconscious. Seeing it, Rani attempted to run away, but he assaulted Rani with axe on her head. While doing so, the handle of the axe became loose, hence he brought knife from the kitchen and inflicted knife blows on Rani and Deepak. According to police, Rani was found in injured and unconscious condition in bed room; whereas Deepak has already succumbed to the injuries and his dead body was lying in the gallery of the hall. His brain material had come out and therefore his dead body could not be carried to the hospital. Inquest panchnama of his dead body was made on the spot itself; whereas Rani was taken to the Hospital.

4. Meanwhile P.W.5 PSI Gujar, on receipt of this information came to the spot, after making necessary station diary entry. He made inquest panchnama of the deceased Deepak, arrested appellant on the spot vide Exh.61. His personal search was taken and in the search, some articles like gold ring of wrist size, mobile phone etc. were found, which came to be seized under panchnama. The clothes on his person viz. Pant and banian were also found to be having blood stains thereon. They were seized under panchnama. Thereafter he was brought to the police station. At the spot, P.W.7 PSI Gujar noticed pool of blood in the gallery and in the bed room. He found huge quantity of blood spread on the wall, on the bed and on the door planks of the lavatory. Some documents pertaining to the property were also found which came to be seized under spot panchnama vide Exh.42.

5. On the same night, P.W.1 ASI Deshwal lodged complaint on behalf of the State against the appellant vide Exh.15. On his complaint C.R.No.226 of 2008 came to be recorded