JUDGMENT:

G.A. Sanap, J.

1. In this appeal challenge is to the judgment and order dated 26.09.2017 passed by learned Additional Sessions Judge, Warora District Chandrapur whereby learned Additional Sessions Judge convicted the appellant/accused under Section 302 of the Indian Penal Code and sentenced him to suffer life imprisonment and to pay fine of Rs.5,000/-and also convicted under Section 323 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for three months and to pay fine of Rs.1,000/-. On both counts, in default to payment of fine, the rigorous imprisonment for one year and simple imprisonment for 15 days respectively was awarded.

2. The facts given rise to this appeal are as follows:-

The incident occurred on 02.05.2016 at around 7.00 AM at Mouza Shivapur, Bandar. It is the case of prosecution that the appellant is the husband of the deceased Nirasha. Deceased Nirasha, three months prior to the incident, on account of dispute between her and the appellant started residing separately from the appellant at her sister’s house at Shivapur Bandar, Taluka Chimur District Chandrapur.

3. The accused, 15 days prior to the incident had gone to the house of Vandana Khobragade, the sister of the deceased to take back the deceased. However, the deceased refused to cohabit with him.

4. The deceased started residing at the house of her sister Vandana Khobragade inasmuch as appellant would suspect her character. At the time of the incident, the informant Vandana Khobragade had gone to forest for collecting Tendu leaves. The deceased was washing utensils in the courtyard. Son of Vandana Khobragade by name Rahul was present in the house. The accused came there and insisted the deceased Nirasha to accompany him. The deceased refused to accompany him. The appellant was carrying a sharp pointed iron tocha. The appellant mercilessly inflicted the blows with iron tocha on the chest, forearm and abdomen of deceased. Rahul came to rescue deceased but he could not prevent the appellant from assaulting the deceased. The helpless deceased Nirasha started running to save her life on the road towards the house of one Shri Bandu Dhok. The accused chased her and repeatedly assaulted her by means of iron tocha. One Shalikram Gharat and Shri Bandu Dhok saw the incident, they came running and caught hold the appellant. The deceased fell down near the house of Bandu Dhok. The villagers carried the Nirasha in injured condition firstly to Chimur Government Hospital. Then they shifted her to Nagpur General Hospital. However, on the way the deceased Nirasha succumbed to the injuries.

5. One Shri Dnyaneshwar Gayakwad made a phone call to Valmik Ramteke, who was in the forest to convey the incident to Vandana who had gone there to collect Tendu leaves. On receipt of the information of the incident Vandana came back. She came to know about the incident of an assault by the appellant on the deceased Nirasha. She went to the police station and lodged the report. A report was reduced into writing. Initially the crime was registered under Section 307 of the Indian Penal Code. Meanwhile, the post-mortem was conducted on the dead body at Nagpur General Hospital. On receipt of the post-mortem report, the offence under Section 302 of the Indian Penal Code was added in the crime.

6. The Investigating Officer (PW-26) conducted the investigation. He drew the spot panchanama. He collected the blood and other samples. He recorded the statements of the witnesses. The weapon used in the offence was seized from the spot. After completion of the investigation, the charge-sheet was filed against the appellant.

7. Learned Additional Sessions Judge vide Exh.4 framed the charge against the accused. The accused pleaded not guilty. The defence of the accused is that the deceased fell on the thorny compound and sustained multiple injuries. He has been falsely implicated in the case. Learned Additional Sessions Judge on analysis of the material found the accused guilty