JUDGMENT

REVATI MOHITE DERE,J. - By this appeal, the appellant has impugned the Judgment and Order dtd. 23/9/2011, passed by learned 2nd Additional Principal Judge, City Sessions Fast-Track Court, Sewree, Mumbai, in Sessions Case No.329 of 2011, convicting and sentencing him, as under:-

- for the offence punishable under Sec. 302 of the Indian Penal Code to suffer rigorous imprisonment for life and to pay a fine of Rs.5000.00 in default, to suffer further rigorous imprisonment for one month.

2. A few facts as are necessary to decide the aforesaid appeal are set out hereinunder :-

On 8/1/2011, PW1 - Yeshwant Waman Shinde, S.H.O. attached to the Mankhurd Police Station received a telephonic message from ASI - Kadam informing him that one woman - Rupa Paswan had died in her house in Indira Nagar. Accordingly, PW1 - Yeshwant Shinde, rushed to the house of the deceased. When PW1 - Yeshwant Shinde, reached the house, a local doctor - Dr. Sanjay Musle was already present. Dr. Musle informed PW1 - Yeshwant Shinde, that the deceased had expired. Accordingly, PW1 - Yeshwant Shinde, obtained ADR number from the police station on phone i.e. ADR No.04 of 2011. Thereafter, PW1 - Yeshwant Shinde d