The main legal point established in the judgment is the application of Exception 1 of Section 300 of the IPC, regarding grave and sudden provocation, in determining the appellant's guilt for murder.

JUDGMENT :

A. S. GADKARI, J.

1. The conviction and sentence under Section 302 of the Indian Penal Code (for short “the IPC”) imposed upon Appellant by the learned Additional Sessions Judge, Malegaon, District Nashik, in Sessions Case No.111 of 2014, by its impugned Judgment and Order dated 10th January, 2017 for commission of murder of Smt. Nasrinbano, wife of Appellant, is questioned by the present Appeal.

2. Heard Mrs. Ansari, learned Advocate for Appellant and Mr. Dedhia, learned APP for State. Perused entire record.

3. It is the prosecution case that, Appellant was married with Ms. Nausin @ Nasrin, daughter of Sayyed Issaque Sayyed Ashikali (P.W.1) on 2nd February, 2014. After marriage she had come to her parents house on few occasions and told them that, her mother-in-law (Org.A-2) and father-in-law (Org.A-1) were demanding Rs.50,000/- to be brought from her parents. Smt. Nasrinbano was annoyed due to the ill-treatment meted out to her at matrimonial house by all the accused persons. On 21st June, 2014 the elder son-in-law of P.W.1 namely Sayyed Shahid Sayyed Hanif informed him that, his daughter Smt. Nasrinbano was seriously ill and called him to Malegaon, District Nashik. P.W.1 reached to Malegaon and went to General Hospital and saw that his daughter was dead. He also noticed strangulation mark on her neck.

4. Prior thereto, the father-in-law (Org.A-1) of Smt. Nasrinbano had already gave information in writing to the officer-in-charge of Ayeshanagar Police Station, Malegaon, District Nashik, that his daughter-in-law committed suicide by hanging in a room and A.D. No.9 of 2014 was registered under Section 174 of the Criminal Procedure Code (for short “the Cr.P.C.”). Thereafter, on the same day i.e. on 21st June, 2014 the father of deceased Smt. Nasrinbano lodged first information report against five Accused persons bearing C.R. No.66 of 2014 for the offence punishable under Sections 302, 498A, 323, 504, 506 read with Section 34 of the IPC. After completion of investigation charge-sheet was filed. Babuali Nasarat Ali Sayyed (Org.A-1) died in jail pending Trial and present case stood abated against him.

5. Trial Court framed charge below Exh-22 for the offence punishable under Sections 302, 498A, 323, 504 read with Section 34 of the IPC. Accused persons denied charge and pleaded not guilty.

Appellant (Org. A.-3) in answer to question No.14 recorded under Section 313 of the Cr.P.C. stated that, he had filed written statement (Exh-48) giving explanation. In his explanation, Appellant admitted to have strangulated his wife Smt. Nasrinbano after verbal altercations and in the fit of rage whilst deprived of the power of self control due to grave and sudden provocation caused by Smt. Nasrinbano, who initially abused him and spat on his face on the fateful night, when both of them were in their bedroom.

The Trial Court by its impugned Judgment and Order was pleased to acquit Original Accused Nos.2, 4 and 5 i.e. mother and brothers of Appellant from all the charges, however as noted earlier convicted and sentenced Appellant for the offence punishable under Section 302 of the IPC.

6. Smt. Ansari, learned Advocate for Appellant submitted that, Appellant has admitted all the documents on record including the death of Smt. Nasrinbano in the late night of 20th June, 2014 by strangulation with the help of cotton string (suti dori / sutali). She submitted that, Smt. Nasrinbano was not happy with her marriage with Appellant and therefore there used to be frequent quarrels between them. That, in the late night of 20th June, 2014 Smt. Nasrinbano told Appellant that, she did not like him, abused him and spat on his face. Therefore due to grave and sudden provocation Appellant strangulated her neck with a cotton string which was laying in the bedroom itself. She submitted that, the act of the Appellant was without premeditation and happened at the spur of moment. She submitted that, act of Appellant is covered by Exception 1 of Section 300 of the IPC