The main legal point established in the judgment is the distinction between murder and culpable homicide not amounting to murder under the Indian Penal Code, 1860, based on the intention and knowledge of the accused in causing the death of the victim.

JUDGMENT

MILIND N.JADHAV, J. - This is an appeal against conviction fled by the Appellant against the judgment and order dtd. 23/3/2007 passed by the learned Ad-hoc Additional Sessions Judge, Solapur whereby the Appellant is convicted for the ofences punishable under:- (i) Sec. 302 of the Indian Penal Code, 1860 (IPC) and sentenced to sufer rigorous imprisonment for life and to pay fne of Rs.1,000.00 and in default to sufer rigorous imprisonment for three months; and (ii) Sec. 498-A IPC and sentenced to sufer rigorous imprisonment for three months and to pay fne of Rs.500.00 and in default to sufer rigorous imprisonment for one month.

2. The Appellant is convicted for committing the murder of his wife Laxmi (deceased) on 1/11/2005. Originally there were two accused; accused No.2 - was mother of accused No.1 and mother-in-law of Laxmi. Original accused No.2 - stands acquitted by the Trial court. Appellant is in jail since 2/11/2005.

3. Such of the relevant facts which are necessary for the purpose of deciding the present appeal are as follows:-

3.1. Appellant and Laxmi were married for 15 years before the incident and have two daughters and a son. Appellant worked as sweeper on daily wages in the police station at Salgar Vasti, Solapur. He was addicted to liquor. He used to quarrel with Laxmi after drinking liquor; abuse her and beat her. He used to harass and demand from Laxmi to bring money from her parents for construction of house and beat her. Whenever Laxmi visited her maternal house, she disclosed behaviour of Appellant to her brother Raju Jadhav (PW-3). Her brother used to give some money on every occasion whenever Laxmi visited his house and send her back to her matrimonial home.

3.2. Two days before the incident, Appellant quarreled with Laxmi and demanded that she bring money from her parents, abused and beat her up. Thereafter with intention to cause harm, Appellant doused Laxmi with kerosene, however she managed to rescue herself from the Appellant and rushed to her parents' house nearby and narrated the episode to her brother (PW-3). Her brother convinced her that he would call a meeting of the elders to resolve the issue and sent her back asked her to return.

3.3. On 1/11/2005, at about 11:00 p.m. Bharat Gaikwad (PW-5) was walking towards his house near the house of the Appellant, when he saw the Appellant hurriedly coming out of his house in a frightened state and running away. When PW-5 questioned him as to why he was in such a hurry, the Appellant told him that he had killed Laxmi and ran away. Thereafter Bharat Gaikwad came near the house of the Appellant and peeped inside the house, he noticed Guddi (PW-8) minor daughter of the Appellant crying but there was complete darkness in the house. Therefore he immediately went to the house of PW-3, brother of Laxmi and informed him about the incident. Thereafter, PW-3 and his wife rushed to the Appellant's house and noticed Laxmi lying in a dead condition in her house. There were injuries to her forehead and mouth as well as near her left ear and there was bleeding from her mouth and nose. They noticed one pharashi - tile (stone) lying near her body.

3.4. Thereafter PW-3 approached the police station at Salgar Vasti and lodged report against the Appellant and original accused No.2 alleging that they caused death of Laxmi by injuring her with the pharashi - tile (stone). In the meantime, Anita Gaikwad, wife of the brother of the Appellant also reached the police station at Salgar Vasti and reported that the Appellant had killed Laxmi by assaulting her with the pharashi - tile (stone) on her head. Report was lodged in the station diary and a police constable was deputed to go to the spot of incident. Thereafter, PSI - Raut reached the spot of incident i.e. the house of the Appellant and noticed the body of Laxmi having sustained head injury as well as an injury on her lip and blood was oozing out from her ear and nose. He noticed that there were two pieces of pharashi -