JUDGMENT :

Surendra P. Tavade, J.

1. Heard.

2. The appellant/original accused has filed this appeal against the judgment and order dated 05.05.1997 passed by the Additional Sessions Judge, Mumbai thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code (IPC) and the appellant was sentenced to suffer imprisonment for life and to pay fine of 500/-, in default he was directed to suffer rigorous Rs.500/-, in default he was directed to suffer rigorous imprisonment for two months.

3. The case of the prosecution can be summarized as under :-

The informant-Anant Naik had two sons and one daughter namely Nitin, Nilesh and Suchitra (deceased) respectively. The appellant as well as deceased-Suchitra were serving in State Bank of India. The appellant had love affair with Suchitra. They decided to get married. The mother of Suchitra opposed the said marriage but, subsequently the parents of Suchitra gave consent to the said marriage. Accordingly, the appellant and Suchitra got married in the year, 1982. After marriage, there used to be frequent quarrel between the appellant and the deceased. The deceased used to disclose the dispute between herself and the appellant to her mother but, the mother of the deceased could not reconcile the situation and continued to dislike the appellant.

Suchitra gave birth to a baby boy namely Pranjal on 26.11.1983. As the deceased and the appellant were working, Puja Chachad, who was residing nearby the house of the appellant, was appointed to take care of Pranjal. There was understanding between the appellant and the deceased that deceased to supposed to leave Pranjal to creche and the appellant was supposed to bring his son back from the creche.

4. On 06.12.1988, the appellant returned home and did not bring Pranjal alongwith him and on that count there was altercation between the appellant and the deceased. During the said altercation, the appellant assaulted the deceased by fist and kick blows. She sustained injuries and her Bangals and Mangalsutra were broken. After the assault, the appellant left the house and Suchitra managed to call neighbor Shri N. A. Prabhu (PW1), who was General Secretary of the Bank Employee and residing in adjacent building namely Abhiman Building at Kastur Park. After arrival of Prabhu, Suchitra disclosed him that the appellant assaulted her. She also asked Prabhu to intimate the incident to her parents but, the neighbours had already intimated the incident to the parents of the deceased.

5. The neighbours and Prabhu brought Suchitra at ground floor. At that time, Police patrolling van was passing from nearby building and same was stopped by the neighbours. The incident was reported to the Police, present in the van. The Police Officer instructed the neighbours to take Suchitra to Bhagwati Hospital. Similarly, the message was also sent to Borivali Police Station. The witness Prabhu and the neighbours brought Suchitra to Bhagwati Hospital by Auto rickshaw at about 01:35 a.m. on 07.12.1988. Suchitra was examined by Casualty Medical Officer, who noted the history as well as injuries found on the person of Suchitra. As the condition of Suchitra was serious therefore, she was referred to Dr.Karekar, who examined her. Suchitra also gave history of assault by her husband to Dr.Karekar, who noted it in medical papers. Dr. Karekar found six external injuries on the person of Suchitra. He performed test of Abdominal Tab and same came to be positive. Dr. Karekar diagnosed that patient had traumatic abdomen and decided to perform emergency operation. Suchitra was therefore sent to operation theatre at first floor. Meantime, PSI Dhawale and Constable Puri reached the hospital and both of them went to the operation theatre and saw that Suchitra was lying on stretcher outside operation theatre and was suffering from pain. PSI Dhawale (PW9) sought permission of Dr. Karekar to record the statement of Suchitra but, the Medical Officer refused the permission