N.J. JAMADAR, J.

1. Challenge in this appeal is to a Judgment and Order in Sessions Case No. 333 of 2014 dated 06th November 2015 passed by the learned 3rd Additional Sessions Judge, Thane, whereby and whereunder the appellant Ramesh came to be convicted for the offence punishable under Section 302 the Indian Penal Code and sentenced to suffer imprisonment for life and pay fine of Rs.1000/- with default stipulation, for having committed murder of his wife Sita Surum (hereinafter referred to as “the deceased”).

2. The background facts, which led to aforesaid prosecution and conviction, can be stated in brief as under :-

(a) The appellant was residing at Village-Kharmba, Taluka-Jawahar, District-Thane along with his deceased wife and children. The appellant was given in to the vice of drinking intoxicating liquor. Often there were quarrels between the appellant and the deceased, on the said count. Smt. Sita Dashrath Kadu is the sister of the deceased and resides in the vicinity of the house of the appellant.

(b) On 17th February 2014 at about 3.00 p.m., Smt. Sita Kadu (hereinafter refer to as 'the informant') heard commotion emanating from in front of the house of the appellant. The informant rushed to the house of the appellant. The deceased was lying there at in a pool of blood. The children of the deceased, namely Surekha and Yojana and others had gathered there at. It transpired that a quarrel had occurred between appellant and the deceased over serving lunch to the appellant. The appellant got enraged and assaulted the deceased by means of an axe, on her neck. The deceased succumbed to the fatal injury. Thus, the informant lodged report against the Appellant with Jawahar Police Station.

(c) Crime came to be registered against the appellant vide CR No. 11 of 2014. Investigation commenced thereon. Inquest on the dead body of the deceased was held. The Investigating Officer visited the scene of occurrence and drew panchnama of the scene of occurrence on the very day. The weapon of offence i.e. an axe came to be seized under the seizure panchnama on 17th February 2014 itself. The clothes which the appellant wore at the time of occurrence came to be seized. The dead body was sent for postmortem examination. The Investigating Officer interrogated witnesses and recorded their statements. After completion of the investigation, the chargesheet to be lodged against the appellant for the offence punishable under Section 302 of the Indian Penal Code.

(d) Upon committal, the learned Sessions Judge framed charge against the appellant for the offence punishable under Section 302 I.P.C. The appellant abjured his guilt and claimed for trial.

(e) At the trial, to prove the guilt of accused, the prosecution examined 9 witnesses including the informant Sita Kadu (PW-1), Shantibai Tumda (PW-3), a neighbour of the deceased and Surekha Surum (PW-6), the daughter of the appellant and the deceased, as the eye witnesses to the occurrence, Eknath Rabade (PW-4) and Vilas Rabade (PW-7), the villagers who caught hold of the appellant while he was fleeing away after the occurrence; Dr. Kaviraj Bhoye (PW-5) who conducted postmortem examination and Chetan Rathod (PW-8) and Keshav Naik (PW-9), the Investigating Officers. The appellant did not lead any evidence in his defence which consisted of denial.

(f) The learned Sessions Judge after appraisal of the evidence and material on record, found that the deceased met a homicidal death; the ocular account of Surekha (PW-6), the daughter of the deceased, and Shantibai Tunda (PW-3) inspired confidence and the evidence of other witnesses and circumstantial evidence rendered the necessary corroboration. Thus, the learned Sessions Judge returned the finding of guilt against the appellant. The learned Sessions Judge further found that the appellant had the intention to kill the deceased and, therefore, convicted him for the offence punishable under Section 302 of the Indian Penal code and passed sentence as describ