The court emphasized the importance of reliable and consistent evidence, including medical reports, in establishing guilt beyond reasonable doubt in assault cases.

JUDGMENT

Sarang V. Kotwal, J. - The Appellant has challenged the Judgment and order dated 31/10/2018, passed by learned Additional Sessions Judge, Pune, in Sessions Case No.743 of 2013. The Appellant was convicted for commission of offence punishable U/s.307 of the I.P.C. and was sentenced to suffer R.I. for five years and to pay a fine of Rs.3000/- and in default of payment of fine to suffer S.I. for three months. He was also convicted for commission of offence punishable U/s.326 of the I.P.C. and was sentenced to suffer R.I. for two years and to pay a fine of Rs.2000/- and in default of payment of fine to suffer S.I. for one month. Both the substantive sentences were directed to run concurrently. He was granted set off U/s.428 of the Cr.p.c.

2. Heard Shri. Swapnil Ovalekar, learned counsel for the Appellant and Smt. Tidke, learned APP for the State/Respondent.

3. The prosecution case is that, the appellant was married to PW-1 Huma in the year 2008. They were blessed with a son. In May 2013, they had gone to Pune to attend the wedding of Huma's cousin. On 19/05/2013, the appellant was to return to Mumbai. At that time, there was some quarrel between the appellant and Huma. The appellant assaulted her with a knife causing bleeding injuries on her neck, cheek etc. Huma's brother Mohammad Ruman came to their room to save her. In the process, the appellant also assaulted him causing fracture of his finger besides causing other bleeding injuries. Huma was taken to the hospital. PW-2 lodged his F.I.R. at Kondhwa police station, Pune vide C.R.No.158 of 2013. The investigation was carried out. The injury certificates of both the injured were collected. The spot panchanama showed that the knife was lying at the spot. It was seized. The clothes of the victim, as well as, clothes of the appellant were seized. All the articles were sent for chemical analysis. At the conclusion of the investigation, the charge-sheet was filed and the case was committed to the Court of Sessions.

4. During trial, the prosecution examined nine witnesses including both the victims, the Medical Officers who treated them, the panchas and the police officers. The C.A. reports are produced on record.

5. The defence of the appellant was very specific. According to him, he and his wife belonged to different religions. They had got married on two separate occasions by following rituals under their separate religions. The family of his wife was not aware of the marriage which they had performed according to the tradition of his religion. In May 2013, when they had gone to attend his wife's cousin's wedding, that time accidentally his wife's family saw the photographs in the mobile phone about their other wedding. Her family got annoyed. PW-2 assaulted his wife. He himself was assaulted by his wife's family members.

6. Learned Trial Judge did not believe his defence. He relied on the evidence of the prosecution. He also relied on the say filed by the appellant in the case of Domestic Violence filed by the appellant's wife, wherein, the appellant had stated that the incident had taken place in between two of them and his wife suffered injuries. In the same incident his wife's brother also suffered injuries.

7. The appellant's wife was examined as PW-1. She has stated that, she had got married with the appellant in June 2008. They were blessed with a son in September 2009. On 12/05/2013, she along with the appellant and their son had gone to Pune to attend her cousin's marriage. On 19/05/2013, the appellant was to go to Mumbai in the evening at around 8.00p.m. At about 9.30p.m., PW-1 put her son to bed. She asked the appellant when he would leave for Mumbai. At that time, he told her that, he wanted to see his son peacefully. At around 2.00a.m., again PW-1 asked him when he would leave for Mumbai. He started quarreling and abusing her. This was repeated at about 5.00a.m. He had latched the door from inside. At about 7.00a.m., PW-1 started going out. At that time, he removed a