The main legal point established in the judgment is the court's rejection of the defense of accidental death and the application of exception 4 to section 300 of the IPC, leading to the conviction under section 302 of the IPC.

JUDGMENT

N.R. Borkar, J. - This appeal takes an exception to the judgment and order dated 15.04.2013 passed by the additional Sessions Judge, Greater Bombay in Sessions Case No. 205 of 2012. By the impugned judgment and order, the appellant, who was accused before the trial court, has been convicted for the ofence punishable under section 302 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced to sufer life imprisonment.

2] The deceased Poonam Paswan was the wife of the accused. It is the case of the prosecution that the accused was working as a Labourer at the construction site of one Harish Borath. The accused and the other Laborers were staying at the construction site itself at andheri (E), Mumbai.

3] according to the prosecution, the wife of the accused came to reside with him in april 2011. The accused used to suspect the character of the deceased and thus used to beat her under the infuence of liquor. as the accused used to quarrel with the deceased, in June 2011 the accused was sent to another construction site at Kalwa. There also he used to quarrel and beat the deceased under the infuence of liquor. The accused was, therefore, again called back at the construction site at andheri.

4] The incident took place on 16.11.2011. according to the prosecution, on the day of incident at about 8.00 p.m., the accused assaulted the deceased by wooden plank and committed her murder.

5] The report was lodged in relation to the incident with andheri Police Station. On the basis of said report, crime vide Crime No. 415 of 2011 was registered for the ofence punishable under section 302 of the IPC. On completion of investigation, the charge-sheet was fled against the accused for the said ofence.

6] The accused was charged and tried for the abovesaid ofence. The trial court, by the impugned judgement and order, convicted the accused.

7] We have heard the learned counsel for the appellant/accused and learned aPP for the respondent / State.

8] The learned counsel for the appellant/accused submits that the trial court to convict the accused has relied upon the evidence of PW-2 Shailendra Bharti and PW-3 Misrilal Yadav. It is submitted that they cannot be termed as eye-witnesses to the alleged incident. It is submitted that the trial court erred in rejecting the defence of the accused of accidental death of the deceased which in the facts and circumstances of the case was more probable. It is submitted that the trial court was not justifed in convicting the accused for the ofence punishable under section 302 of the IPC and thus the impugned judgment and order needs to be set aside and the appellant/accused needs to be acquitted of the alleged charge.

9] On the other hand, the learned aPP for the respondent / State supported the judgement of the trial court. It is submitted that the trial court on the basis of evidence on record was justifed in convicting the accused for the ofence alleged against him. It is submitted that the appeal, thus, needs to be dismissed.

10] We have perused the evidence on record. according to PW-2 Shailendra Bharti, at the relevant time, he and the accused were working as labourers at the construction site of Divine Child High School, andheri.

11] according to PW-2 the accused used to suspect the character of the deceased. He used to quarrel with her and beat her. On 16.11.2011, the accused came back from his work and started beating his wife (deceased). at that time, their Supervisor PW-3 Mishrilal Yadav was there. The Supervisor told the accused that he will have to leave the job, if he continues to quarrel with his wife. at that time, the accused asked him to give Rs.3000/- so that he can drop his wife (deceased) at his native place. according to PW-2, the Supervisor gave him Rs.2000/-. Thereafter, accused went to market.

12] according to PW-2, the the accused again assaulted the deceased. The accused then requested one Kalicharan to take the deceased to the hospital by stating that the deceased fell down from st