JUDGMENT :

(Abhay S. Waghwase, J.) :

1. Aggrieved by the Judgment and order passed by the learned Additional Sessions Judge, Amalner in Sessions Case No.44 of 2014 dated 12-10-2015, thereby convicting appellant accused for commission of offence under Sections 302, 307 and 452 of Indian Penal Code (IPC) and sentencing him for life imprisonment and to pay fine, provisions under Section 378 of Code of Criminal Procedure (Cr.P. C.) are pressed into service by the appellant, praying to quash and set aside the impugned judgment and order.

STORY OF PROSECUTION IN BRIEF

2. Deceased Kalpana and PW2 Sunandabai are real sisters. Daughter of Kalpana was married to brother of accused namely Namdeo. There was marital discord. On 03-06-2014, PW3 Vishakha, her mother-in-law deceased Kalpana, maternal mother-in-law Sunandabai, sister-in- law Dhanashre and one Aishwarya were available in the house i.e. of PW3 Vishakha.

On 03-06-2014 around 11:15 a.m. when all above incumbents of the house were watching television, an unknown person falling in the age group of 25 to 30 years entered the house. Initially, he slapped Kalpana and thereafter, whisked out knife and gave several blows on her person and when Sunanda tried to run, she was also chased and blows were also inflicted by that person on her head, hands and thereby both Kalpana and Sunandabai suffered bleeding injuries. Out of fear, Vishakha and Aishwarya hide themselves in separate bed rooms. After the person ran away, they informed neighbours and both injured were taken to the hospital. This account was narrated to Police at Parola Police Station by PW3 Vishakha at around 12:30 p.m. which gave rise to registration of Crime No.141 of 2014 for commission of offence under Sections 452 and 307 of Indian Penal Code (IPC). While undergoing treatment, Kalpana succumbed to injuries and crime was converted for offence under Section 307, 302 and 452 of IPC.

3. Investigating Officer of Parola Police Station undertook investigation during which steps like visiting spot, drawing spot panchanama, recording statements of witnesses, gathering blood and other articles from the spot, were taken. Enquiry was made with PW2 injured Sunandabai. Medical papers to her extent were gathered and made part of investigation. After declaration of death of Kalpana , autopsy was got done and autopsy report was made part of investigation. Seizure articles were despatched to Chemical Analyzer and after competing investigation, charge-sheet was filed.

Case being triable exclusively by Court of Sessions, learned Judicial Magistrate First Class committed the case to the Sessions Court and the challan came up before learned Additional Sessions Judge, Amalner. Learned Additional Sessions Judge, Amalner, after framing charges, undertook trial.

4. At the trial, prosecution adduced evidence of in all seven witnesses. Documentary evidence was also laid. Learned trial Judge at the conclusion of trial, heard State as well as defence and on appreciating their submissions and on examining oral and documentary evidence, held accused guilty for offence under Sections 302, 307 and 452 of IPC and accordingly, sentenced accused for the same.

5. Exception has been taken by the accused appellant before this Court on various grounds mentioned in the appeal memo. This being first appeal, in view of Judgment of Hon’ble Apex Court in the case of Ishvarbhai Fujibhai Patni vs. State of Gujarat reported in (1995) 1 SCC 178, this Court is expected to re-appreciate, re-evaluate and re-examine the oral and documentary evidence to ascertain sustainability and legality of the Judgment of conviction. Hence, we proceed to undertake the said exercise.

6. We propose to first spell out the status and role of each of witnesses examined and relied by the prosecution.

First set : PW2 Sunandabai (injured witness), PW3 Vishakha (complainant) are eye witnesses. Their evidence is at Exhibits 18 and 19 respectively.

Second set : PW5 Dr.Suresh (first Doctor, who examined deceased