JUDGMENT :

Sadhana S. Jadhav, J.

The appellant herein is convicted for the offence punishable under section 304 part II of the Indian Penal Code and is sentenced to suffer R.I. for 5 years and to pay fine of Rs. 1000/- I.d. to suffer R.I. for two months, by 6th Addl. Sessions Judge, Pune vide Judgment and Order dated 17/9/1997 in Sessions Case No. 211 of 1997. Hence, this appeal.

2. Such of the facts necessary for the decision of this appeal are as follows :

(i) On 6th April, 1997 there was a quarrel between Toraswami Devendra(deceased) and his wife Kantaya. That he had returned home under influence of alcohol. He was a known alcoholic. He was insisting upon his wife Kantaya(P.W.1) to serve meals forthwith. On that count, there was a quarrel between the husband and wife. Their voices had reached a high pitch.

(ii) The accused (appellant) who was residing in the same vicinity had intervened in order to stop them from quarreling. He had seen that P.W. 1 was being harassed by her husband. That her husband had also assaulted her. Hence, the accused/appellant intervened between them.

(iii