The main legal point established in the judgment is the reliance on circumstantial evidence and the testimony of a minor witness to establish the guilt of the accused beyond reasonable doubt in a case of assault and murder under Section 302 of the Indian Penal Code.

S.S. Shinde, J.

1. This Appeal is directed against the Judgment and order dated 18th May, 2012, passed by the Additional Session Judge-2, Aurangabad in Sessions Case No.3 of 2011 thereby convicting the accused-Appellant for the offence of punishable under Section 302 of the Indian Penal Code (for short "I.P. Code") and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.1,000/-, and in default of payment of fine, to suffer further simple imprisonment for three months. The trial Court also convicted accused for the offence punishable under Section 498-A of the I.P. Code and sentenced him to suffer rigorous imprisonment for the period of three years and in default of payment of fine, to suffer further simple imprisonment for one and half months. The trial Court directed that both the sentences shall run concurrently.

2. The Prosecution case, in brief, is as under:

A. The accused is husband of deceased Anita. Yogita is a minor daughter of deceased, Sachin and Ganesh are minor sons of deceased. The accused was residing along with his wife and children in rented room situated at Indira Nagar, Aurangabad. The accused was doing mason work. The accused was in habit of drinking liquor. The accused used to take doubt upon the chastity of his wife Anita. The accused used to demand money from his wife for consuming liquor and on that count he used to quarrel with her. The complainant is the husband of sister of deceased Anita. Deceased Anita used to tell about her ill-treatment to the complainant and his wife. The complainant has tried to convince the accused about the same but he did not listen.

B. On 4th October, 2009, at evening time the accused came at his house under the influence of liquor and he started giving abuses to his wife Anita. The deceased was cooking food in kitchen room. However, the accused was giving abuses to her due to which the deceased and her daughter Yogita had not taken dinner during night time. The accused has given threats by saying that he will kill his wife during night time. Thereafter, the deceased had slept in the house. The daughter of the deceased namely Yogita had also slept in the house. During night time at about 1.30 a.m., accused assaulted the deceased on her head by means of wooden log due to which the deceased has sustained Contused Lacerated Wound [for short 'CLW'] over right mostroid region scalp, CLW over right ear tinna and contused abrasion over inner side of lower lip. The daughter of deceased namely Yogita heard noise due to which she has awaken. She had seen her father i.e. accused standing near cot of the deceased having wooden log in his hand. The accused has thrown the said wooden log and he fled away from the spot. Yogita had seen the injuries caused to her mother due to which she started shouting by uttering words 'MAMMICHA KAN TUTLARE - KAN TUTLARE'. Immediately thereafter, the land lady of the deceased namely Kaushalyabai Jadhav and one Saralabai came in the house of the deceased. Yogita told them that her father i.e. accused, had killed her mother by causing injury by means of wooden log and he fled away. Thereafter, Yogita and landlady Kaushalyabai went towards the house of Kerubhan Bhima Kedare situated at Garkheda. Yogita has narrated the said incident to Kerubhan Kedare. Thereafter Yogita, landlady Kaushalyabai and Kerubhan came at the house of the deceased during night time. At that time, the accused was not in his house. Thereafter Yogita and Kerubhan Kedare had taken the injured Anita to GHATI Hospital during the night time. Anita died at about 3.30 a.m. during that night while taking treatment in the Hospital. Thereafter, Kerubhan Kedare has lodged report about the incident on 5th October, 2009 against the accused.

C. On the basis of the report lodged by the complainant, crime No.I-165/2009 has been registered against the accused for the offence punishable under Section 302 of the I.P. Code. The spot panchnama of offence has been prepared. At