JUDGMENT :

MILIND N. JADHAV, J.

1. This Appeal is preferred by the Appellant against the judgment dated 30.04.2014 passed by the learned Additional Sessions Judge, Bombay in Sessions Case No. 430 of 2011. By the said judgment, the learned Additional Sessions Judge convicted the Appellant for the offence punishable under Section 498-A of the Indian Penal Code, 1860 (for short "IPC") and sentenced him to suffer rigorous imprisonment for two years and pay fine of Rs. 1000/-and in default in payment of fine, to undergo simple imprisonment for one month. By the said judgment and order, the Appellant was also convicted for the offence punishable under Section 302 of IPC and sentenced to undergo imprisonment for life and pay fine of Rs. 2000/-and in default in payment of fine, to undergo simple imprisonment for three months. The learned Additional Sessions Judge directed that both the substantive sentences of imprisonment imposed on the Appellant shall run concurrently. For the sake of convenience we shall refer to the Appellant as accused.

2. Such facts which are relevant for the purpose of deciding the present Appeal are as follows:-

2.1. On 31.01.2011 at about 06.00 a.m., the accused went to Tilak Nagar Police Station, Mumbai and informed that his wife Rukmini (deceased) had attempted suicide by trying to hang herself and was unconscious.

2.2. Mr. Naik, PSI (PW-7) visited the scene of crime and with the help of Mr. Bavkar, ASI and other staff shifted Rukmini to Rajawadi Hospital, Ghatkopar. On admission the doctor declared her dead.

2.3. PW-7 conducted the inquest panchnama and spot panchnama on the same day in presence of panchas. The dead body of Rukmini was sent for autopsy which was carried out by Dr. Kachare, Medical Officer (PW-6) along with Dr. Tadvi. In his opinion, the cause of death was compression of neck (unnatural).

2.4. On 02.02.2011 Rukmini's brother Rajesh Gupta (PW-1), the first informant lodged report at Tilak Nakar Police Station against the accused for abetting suicide and causing death of Rukmini on the ground of ill-treatment amounting to cruelty. Crime No. 34/2011 came to be registered at Tilak Nagar Police Station under Section 304(B) and 306 IPC. Investigation was conducted by Mr. Mundhe, Police Inspector (PW-14) and after recording statement of witnesses, investigation revealed that death of Rukmini was homicidal due to compression of neck (unnatural) and hence Section 306 IPC came to be substituted by Section 302 IPC.

2.5. The case of the accused was committed to the Sessions Court where charges were framed against him to which he pleaded not guilty and claimed to the tried. To bring home the guilt of the accused, the prosecution has examined fourteen witnesses and proved several documents. Upon appreciation of the evidence, the learned Trial court by the impugned judgment has convicted and sentenced the accused as stated in paragraph 1 above.

3. Some of the undisputed facts which are relevant are as follows:-

3.1. The marriage between the accused and Rukmini took place in 2003. The accused had shifted to Mumbai to earn his livelihood and used to ply an auto rickshaw. He used to intermittently visit Uttar Pradesh. Rukmini resided along with the parents of the accused at village Pipri in Uttar Pradesh. Four years after marriage, Rukmini gave birth to a daughter. In July 2010 Rukmini came to Mumbai along with her daughter and resided with the accused in a room situated in Sewa Nagar Slum, Tilak Nagar, Chembur, Mumbai. Until 31.01.2011 there were no complaints filed against the accused either by Rukmini or her relatives for ill-treatment or cruelty.

3.2. Information was received at about 6.30 a.m. on 31.01.2011 on the police wireless set that in Seva Nagar Area, one Bhola Gupta had hanged himself. Mr. Bavkar, ASI (PW-10) was on patrolling duty when he received the message and proceeded to the incident spot. He reached the scene of crime and found Rukmini lying on the floor in the room. He was informed by the neighbour