JUDGMENT :

Smt. Sadhana S. Jadhav, J

1. The appellant herein stands convicted for the offence punishable under section 302 of Indian Penal Code and sentenced to suffer Rigorous Imprisonment for life and to pay fine of Rs. 5000/- i.d. to suffer R.I. for six months. The appellant is also convicted for the offence punishable under section 315 of Indian Penal Code and sentenced to suffer R.I. for 3 years by Additional Sessions Judge, Palghar in Sessions Case No. 68 of 2012 vide Judgment and Order dated 31/10/2013. Hence, this appeal.

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

(i) The appellant herein was married to Surekha 13 years prior to 20/4/2012. The couple was blessed with two daughters namely, Shweta and Neha. That 3 months prior to 20/4/2012 Surekha had disclosed to her sister-in-law that she has seen her husband engaged in long conversation with a lady on his phone. She suspected that he was in an extra marital relationship with the said lady. Her suspicion was strengthened because when she enquired about it, she was assaulted by her husband.

(ii) In the night intervening 19/4/2012 and 20/4/2012 Daksha informed brother of Surekha that a quarrel