JUDGMENT :

(Urmila Joshi-Phalke, J.)

1. By this appeal, the appellant (accused) challenges judgment and order of conviction and sentence dated 19.6.2019 passed by learned Additional Sessions Judge, Amravati in Sessions Trial No.111/2017 whereby learned Judge below convicted the accused.

For offence punishable under Section 302 of the Indian Penal Code, the accused is convicted and sentenced to suffer rigorous imprisonment for life and to pay fine Rs.1000/- and default of payment of the fine amount to suffer rigorous imprisonment for one year.

For offence punishable under Section 201 of the Indian Penal Code, the accused is convicted and sentenced to suffer rigorous imprisonment for one year and to pay fine Rs.600/- and in default of payment of the fine amount to suffer rigorous imprisonment for one month.

Learned Judge below directed that all the sentences of the accused shall run concurrently. However, learned Judge below acquitted the accused of offence punishable under Section 498-A of the Indian Penal code. The accused is also given set-off under Section 428 of the Code of Criminal Procedure since he is in jail.

2. Heard learned counsel Shri J.Y.Ghurde appointed for the appellant/accused and learned Additional Public Prosecutor Shri M.J.Khan for the respondent/State.

3. Brief facts, necessary to dispose of the appeal, are as under:

The crime is registered, on the basis of report lodged by one Radhu Sunil Kaslikar, the brother of Radhabai (deceased), on 11.4.2017 on allegations that the deceased was his younger sister who was married with the accused prior to fifteen years. From the said wedlock, they are having a daughter and a son namely Neha and Nirmal aged about 13 and 10 years respectively. Both the children are residing with their grandmother as the accused and the deceased were residing at the outskirt of village. The accused was addicted to vices like drinking liquor and he used to beat the deceased. One day prior to incident, the deceased informed him that the accused is beating her by visiting his house. On the same day, the accused also came to his house at about 12:00 noon and took the deceased along with him on a pretext that the deceased has to withdraw amount from bank. On the day of the incident, his nephew Nirmal informed him that his mother (deceased) is sleeping in the house and amount is not withdrawn. The nephew also disclosed that his father assaulted his mother in the night and, therefore, he went to the house and saw blood stains outside the house of the deceased. So, he opened the door and saw the deceased inside the house sleeping on a “chatai” (mattress) covering the blanket on her person. He gave a call to the deceased, but she had not responded and, therefore, he uncovered her and saw that there were no clothes on her person. She had suffered injuries on her head and he found the deceased is dead and, thereafter, he approached to the police and lodged the report. On the basis of the said report, the police have registered the offence vide Crime No.116/2017 under Section 302 of the Indian Penal Code.

4. On the basis of the said report, Amravati Rural Police carried out investigation. During the investigating, the Investigating Officer has drawn spot panchanama and inquest panchanama. The accused was arrested. At the instance of the accused, on the basis of his memorandum statement, weapon “stick” of the offence, his blood stained clothes, and blood stained clothes of the deceased were recovered. It further revealed to the Investigating Officer that prior to one month of the incident, the deceased had lodged report against the accused at Shendurjana Ghat Police Station that the accused is coming at home everyday by consuming liquor and assaulting her. On 10.3.2017, she was assaulted and, therefore, she approached to the police. The police referred her for medical examination. Her medical certificate was obtained and it revealed that she had sustained abrasions at right ear upper side and contusion o