S.M. Gavhane, J.

The appellant accused who has been convicted and sentenced to suffer imprisonment for life and to pay fine of Rs. 1000/- (Rupees One Thousand) in default, to suffer rigorous imprisonment for one month as per the judgment and order dated 02.08.2013 in the Sessions Case No.102 of 2011 passed by the Additional Sessions Judge, Ambejogai has preferred this appeal challenging the said conviction and sentence.

2. Briefly stated the prosecution case is as under:

A. The deceased Rajabhau Mahadeo Devkar was husband of the accused. He was residing at Ramai Nagar, Sakud Road, Ambajogai with his wife the accused and three children Rahul, Rohan and Nikita and his parents and brothers were residing at Parali Vaijnath at the time of the incident.

B. On 28.07.2011 at about 04.00 pm the deceased who was casual labour came to the house from work. His children also came from the school. His son Rahul was playing at the neighbour's house. Accused was not present in the house. The deceased slept in the court yard. At about 06.00 to 06.30 pm accused came to the house. As soon as she came deceased got up and asked her, "where she had been". Thereupon, accused replied that she had gone to work. Deceased raised quarrel with her saying that, "she did not go on work, but she is misbehaving". There was quarrel amongst them. Deceased started beating the accused by sickle or something like that. Their son Rohan intervened in the quarrel and he received injury to his little finger. Thereafter, deceased was found dead in the house.

C. The accused went to the Ambejogai (Town) Police Station and informed police that she had been to the hospital for treatment alongwith her son Rohan and daughter Nikita. When she returned from hospital she saw her husband (deceased) hanging to the roof of the house. With the help of her children she took down deceased and laid him on the ground. She took down the deceased from hanged position only with the hope that he might be alive, but he was dead. She also informed to police that the deceased was in drunken condition and in tension and he committed suicide by hanging. Police reduced the said information/report given by the accused into writing.

D. On the basis of above information/report given by accused A.D. No.38/2011 came to be registered with Ambejogai (Town) Police Station at about 00.05 am. Immediately thereafter API Gite (PW8) visited the spot of incident i.e. house of the deceased and prepared panchanama (Exh.27) of spot of incident in presence of Panchas Pandurang Kamble (PW7) and Shailesh Kamble. So also, he prepared inquest panchanama (Exh.31) of the dead body and the dead body was sent for postmortem examination in SRTRM College and Hospital, Ambejogai. Dr. Vishwajeet Pawar (PW1) conducted the postmortem examination and issued the provisional report-cum-death certificate (Exh.15) as well as postmortem report (Exh. 16). He opined that death was caused due to throttling (manual strangulation). However, viscera was preserved for analysis by Chemical Analyzer. He seized clothes on the person of the deceased under Panchanama (Exh.11). He recorded statements of witnesses including father, son and daughter of the deceased.

E. On the same day i.e. on 29.07.2011 Bharat Deokar (PW3) cousin of the deceased lodged the complaint stating that on 28.07.2011 he had gone to Ambejogai Sahakari Sakhar Karkhana. On that day at night at about 10.00 pm his son Kishor on phone informed him that the deceased has hanged himself at about 06.00 to 08.00 evening in his house. Therefore, he immediately went to the house of the deceased. He saw his uncle and aunt sitting and weeping in front of the house. Thereafter, he saw dead body of the deceased in the house and nylon rope in hanging position. It is alleged that there used to be quarrel between deceased and the accused on account of illicit relation of the accused o