The central legal point established in the judgment is the application of Section 304(I) of the Indian Penal Code in cases of culpable homicide not amounting to murder, considering the circumstances and conduct of the accused.

JUDGMENT :

Smt. Sadhana S. Jadhav, J.

1. The appellant herein is convicted for the offence punishable under section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and fine of Rs.1,000/- in default to suffer simple imprisonment for 3 months by the learned Sessions Judge, Raigad, Alibaug in Sessions Case No.102 of 2011 vide judgment and order dated 5th April 2012. Hence, this appeal.

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

(i) On 24th April 2011 at about 4.00 am, Pravin Khimji Chavan visited Kalamboli Police Station with blood stained clothes on his person and informed PSI - Dattatray Shankar Khade (P.W.2) that he suspected the character of his wife. There was a quarrel on that count at about 12.30 midnight, after which he killed her by assaulting her with a knife. First information was recorded in the station diary. The said information was further conveyed to the patrolling officers of the said area. The informant led the police to his house. Upon entering the house they saw the dead body of his wife Renu in a pool of blood. There were injuries all over her body.

(ii) On the basis of the said report, Crime No. 229 of 2011 was registered. At the trial, the prosecution has examined as many as 11 witnesses to bring home the guilt of the accused. The prosecution rests upon the statement of the accused recorded by P.W.2 - Mr. Dattatray Khade, P.W.4 - Narayan Air, watchman of Matoshri Apartments where the accused and the deceased lived in Room No.D-103, P.W5. - Vinod Koli, father of the deceased and P.W.11 - Gulabrao Patil, Investigating Officer.

3. The statement of the accused was recorded by the Police on 28th April 2011 to ascertain the background in which the accused had committed the offence. The accused had disclosed as follows :-

(I) That, he was working in Bombay Municipal Corporation as a Labour. He was residing in “Matoshree” Apartment since 2007.

(II) That, on 7th May 1999 he got married to one Deena. That, she had expressed her displeasure in marrying him and disclosed that she was forced to marry him. Thereafter, their marriage was dissolved before the Caste Panchayat.

(III) In the year 1999, he got married to one Aruna Khadotra. She was unable to conceive. Upon clinical examination, the gynaecologist had opined that Aruna was incapable of becoming a mother. Once again, the marriage was dissolved before the Caste Panchayat. Thereafter, he had got married to Renu (deceased). Her marriage had also failed on two occasions prior to her marriage with the accused. In 2008, they were blessed with a daughter. In 2009, they were blessed with second daughter.

(IV) One fine day, he had used the cell phone of his wife since his own cell phone was not in working condition. He had inserted his own sim card in her handset and had accidentally come across inappropriate messages which were exchanged prior to their marriage. Upon inquiry, she had given evasive answers. He had then gifted her another handset. It was an understanding between the couple that whenever she wanted to talk to him, she would give him a missed call and he would call upon her. He had noticed that he had to recharge the phone quite often. The phone was recharged by the accused and therefore, he had questioned her about the same. His objection was not comprehended by the deceased and therefore, there used to be frequent quarrels between them. She had started deleting the calls and messages made by her or received by her.

(V) On 23rd April 2011, at about 8.00 pm when he was ascending the staircase leading to his house, he saw a stranger leaving his house hurriedly. He inquired with the deceased about the same. She lost her temper and started abusing him and making indecent gestures. She had not cooked food. They had ordered food from restaurant. Thereafter, they both had consumed alcohol to large extent. She had lost her control and had started babbling and hurling abuses at him, at his mother and ot