JUDGMENT :

(Abhay S. Waghwase, J.) :

1. By invoking Section 374 of the Code of Criminal Procedure (Cr.P.C.), the appellant is questioning the legality and maintainability of finding of his guilt and conviction recorded by learned Additional Sessions Judge, Dhule in Sessions Case No. 191 of 2014 vide judgment and order dated 28.07.2015 by which, he is awarded imprisonment for life and to pay fine of Rs.5,000/- for commission of offence punishable under Section 302 of the Indian Penal Code (IPC) and rigorous imprisonment for 10 years with fine of Rs.5,000/- for commission of offence punishable under Section 307 of IPC.

2. THE SUBSTRATUM OF PROSECUTION CASE IS AS UNDER :

Deceased Janki @ Sarita was married to PW9 Pankaj and they had children out of their wedlock. They both were manufacturing incense sticks in their house and PW9 used to go for marketing and sell the same on his handcart. Deceased Janki @ Sarita had developed illicit relations with accused Jaikisan. In spite of objection by PW9, deceased Janki continued her said relations with accused.

On 04.09.2014, as usual, PW9 left for his so-called business and went to Gindodia Chowk, Rachana Hall, Dhule. Around 8.00 p.m., his mother and sister-in-law and some ladies of his locality carried deceased Janki in rickshaw in injured condition. According to PW9-informant, on inquiry, deceased informed him that accused questioned her for having illicit relations with persons other than him and he assaulted her with knife at Swami Narayan Colony i.e. in front of the house of Govind Gulab Choudhary. He claims to have seen that saree of his wife was blood stained and she had sustained injury on stomach, rib and back. PW9 asked his mother and sister-in-law to take his wife to the hospital and he too reached there. After short time, against medical advice, discharge was obtained from the civil hospital and Janki was taken to Siddheshwar Hospital but said hospital refused to take her and therefore, he took her to Seva Super Specialty Hospital. There, she breathed her last and thereafter, he approached police and set law into motion by lodging the FIR. Thereafter, crime baring 183 of 2014 was registered with Azad Nagar Police Station, District Dhule for the offence punishable under Section 307 of the Indian Penal Code (IPC), Section 25 r/w 4 of the Arms Act and Section 135 r/w 37(1)(3) of the Bombay Police Act.

Investigation was undertaken during which the Investigating Officer took all required steps and after gathering sufficient evidence, accused came to be chargesheeted.

3. Learned Additional Sessions Judge, Dhule, who was seized with the case, after explaining the charge, commenced trial. Both sides were allowed to participate therein and allowed to adduce evidence respectively. After hearing learned counsel for State as well as defence, learned trial court recorded guilt of the accused for offence punishable under Sections 302 as well as 307 of IPC.

The above conviction is now challenged before us by filing instant criminal appeal by invoking Section 374 of Cr.P.C.

4. As required, i.e. by virtue of the ruling of the Hon’ble Apex Court Ishvarbhai Fujibhai Patni v. State of Gujarat ; (1995) 1 SCC (Cri.) 222, this being a first appeal, this Court is expected to analyze, re-appreciate and re-evaluate the evidence adduced by the prosecution to ascertain whether there is any illegality and perversity while passing the impugned judgment and order.

We propose to deal with the oral and documentary evidence that has been tendered before the learned trial Judge and sum and substance of the evidence, to test credibility of prosecution to ascertain whether, as held by learned trial Judge, prosecution has at all succeeded in establishing the charges against the accused.

STATUS/ROLE OF THE WITNESSES

PW1 is the first doctor who examined the deceased while being posted as a Medical Officer in Civil Hospital, Dhule and he issued injury certificate; PW2 is the pancha who visited the spot and drew hand-sketch map;