JUDGMENT :

Shrikant D. Kulkarni, J.

1. Feeling dissatisfied by the impugned judgment and order of conviction passed in Sessions Case No.302/2010 by the Additional Sessions Judge, Thane, the Appellant / original Accused has preferred this appeal by taking aid of Section 374 of Cr.P.C.

2. The prosecution story in brief is as under-

The Appellant / Accused Rajeshkumar Bhadoriya was residing with his wife Sangita, two daughters namely Tanishka aged 5 years and Aayushi aged 16 years in Flat No.1/103, Anamitra, B Wing, Prakruti Park, Bramhand, Ghodbandar Road, Thane. On 30 March 2010, PSI Rajendra Gujar (P.W.2) received phone call from Police Constable Bartad (P.W.10) attached to Thane Nagar Police Station deputed in the Civil Hospital Police Chowki Thane who informed that Sangita (wife of Appellant / Accused) was brought by her husband Rajeshkumar in the Civil Hospital Thane for medical treatment, with a case history that his wife Sangita sustained head injury due to fall of cupboard. The Medical Officer on duty, declared her dead. On that basis, PSI Rajendra Gujar took entry in the station diary vide ADR No.23/2010 under Section 174 of Cr.P.C. at Kasarwadavali Police Station, Thane. He inf