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 drew the inquest panchanama in the presence of two panchas. The said inquest panchanama is at Exhibit - 10. The appellant was present at the time of drawing of the said panchanama. The appellant disclosed to PW1 - Yeshwant Shinde that the deceased was his wife. According to PW1 - Yeshwant Shinde, the deceased was found lying on the mat on the floor and that blackish ligature marks were seen behind her neck. Accordingly, PW1 - Yeshwant Shinde took the custody of the dead body and sent it to Rajawadi Hospital for postmortem. Thereafter, the doctor who conducted the postmortem of the deceased, disclosed to PW1 - Yeshwant Shinde, that the victim's neck was pressed with a soft object, so as to cause her death. PW1 - Yeshwant Shinde again approached the doctor on the next day and discussed the matter regarding the death of the deceased and accordingly on 9/1/2011 lodged a complaint on behalf of the State, as no relative of the deceased had come forward to lodge a complaint. The FIR lodged by PW1 - Yeshwant Shinde is marked as Exhibit - 11. Thereafter, the appellant was arrested after registration of the said FIR. According to PW1 - Yeshwant Shinde, before the appellant's arrest, the appellant had disclosed to him that he had seen his wife (deceased) keeping illicit relations with one Mohd. Azad @ Chottu, a resident of the same locality. The appellant also disclosed that he had informed the same to his in-laws, who had asked him to bring the deceased to them. The appellant is further alleged to have disclosed that there was a quarrel between him and his wife (deceased), prior to the incident and that his wife (deceased) had told him that she would elope with one Mohd. Azad @ Chottu; and that his wife (deceased) suddenly tried to squeeze his testes, pursuant to which, he strangulated her.

According to PW1 - Yeshwant Shinde, PW8 - Venkatesh Hiraba Rane, P.I attached to the Mankhurd Police Station registered the complaint/FIR of PW1 - Yeshwant Shinde and conducted further investigation and after investigation filed charge-sheet.

During the course of investigation, the clothes of the deceased were seized vide panchanama on 9/1/2011 alongwith other articles.

PW1 - Yeshwant Shinde also recorded the statement of the witnesses during the course of investigation and on completion of the investigation, filed charge-sheet in the Court of the learned Additional Chief Metropolitan Magistrate, Kurla, Mumbai. As the case was sessions triable, the case was committed to the Court of Sessions.

The learned 2nd Additional Principal Judge, framed charge (Exhibit - 3), as against the appellant for the offence punishable under Sec. 302 of the Indian Penal Code, to which the appellant pleaded not guilty and claimed to be tried. The prosecution in support of its case examined 8 witn