1 Cri.Appeal.1372.02.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1372 OF 2002 Gani Abdul Shaikh, Age 45 yrs. Occp.Carpenter, R/o.Kondhava Camela, S.No.4/13, Kondhava Zopadpatti, Kondhava Khurd, ...Appellant PUNE (presently at Yerwada Prison, Pune). (Ori.Accused) Versus The State of Maharashtra ...Respondent (Ori.Complainant) ...... None for Appellant. Mr.J.P.Yagnik, A.P.P. for Respondent. ...... CORAM:- A.M.KHANWILKAR AND A.P.BHANGALE, JJ. DATED:- DECEMBER 3, 2010. PER COURT : 1. This Appeal takes exception to the Judgment and Order dated 31st October 2002 in Sessions Case No.238 of 2002. The Appellant has been convicted for offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as the `I.P.C.’) and sentenced to suffer life imprisonment and to pay fine of Rs.2,000/- (Rupees Two Thousand), in 2 Cri.Appeal.1372.02.sxw default, to suffer rigorous imprisonment for six months. The Appellant was tried for murder of his wife caused by him on 22nd April 2002 in the wee hours at around 4.30 a.m. It is the prosecution case that he assaulted his wife as he suspected her character. He assaulted his wife with hammer on several parts of her body. This incident was witnessed by PW 3 and PW 4 who are the daughters of deceased Madina while they were at home at the relevant time. They immediately proceeded to their grandfather-PW 1 (father of deceased Madina) and the fact that such assault took place was disclosed by them. The said PW 1 immediately rushed to the scene of offence and found Madina lying on the floor having sustained multiple injuries and was bleeding. The police arrived on the scene and not only recorded inquest panchnama but also recovered the hammer which was the weapon of assault from the spot. The contents of the inquest panchnama (Exhibit 24) have not been challenged by the defence. In any case, same are corroborated by the post mortem notes (Exhibit 27). The contents of the post mortem notes have also not been challenged by the defence. The same have been reiterated and proved by PW 8 who had performed the post mortem. The evidence produced by the prosecution in the form of child witnesses PW 3 and 4 as well as to establish the extra judicial confession to PW 1 has remained unshaken. The Trial Court on the basis of the said 3 Cri.Appeal.1372.02.sxw evidence, proceeded to record finding of guilt against the Appellant and accordingly, convicted him for offence punishable under Section 302 of the I.P.C. 2. Having gone through the relevant evidence of PW 3, PW 4, PW 1, PW 8 as well as the inquest panchnama and the post mortem notes and the evidence of PW 9- Investigating Officer, we have no hesitation in affirming the opinion recorded by the Trial Court against the Appellant. The finding of guilt against the Appellant on the basis of the said evidence is inevitable. The cross-examination of PW 3 and PW 4 does not take the matter any further. Their stand that they had seen the incident of their father assaulting their mother in the wee hours of 22nd April 2002 at around 4.30 a.m. has remained unshaken. The evidence regarding the actual occurrence of the incident has in fact gone unchallenged. The suggestion to these witnesses was on other matters which could not affect the credibility of the said witnesses and in particular with regard to the evidence regarding the occurrence of the incident and the fact of Appellant having assaulted the deceased Madina. The evidence given by them that they immediately rushed to PW 1 and disclosed the occurrence of incident, is also corroborated by the evidence of PW 1. PW 1 in turn, visited the scene of 4 Cri.Appeal.1372.02.sxw offence and found her daughter lying on the floor with multiple injuries and bleeding profusely. The hammer with which she was assaulted was also found lying on the floor. During the investigation, the blood stained clothes have been recovered at the instance of the accused. From the ocular evidence which has remained unshaken, the finding of guilt recorded by the Trial Court is unexceptionable. It is not necessary to burden this Judgment in appreciating other aspects which have also been dealt with by the Trial Court in detail. We are in agreement with the opinion so recorded by the Trial Court. Considering the evidence of PW 3 and PW 4 which has remained unshaken, the finding of guilt recorded against the Appellant as aforesaid is inevitable. Accordingly, this Appeal is devoid of merits. The same is dismissed. 3. We may place on record that since the Advocate for the Appellant was not present, we carefully waded through the evidence with the assistance of the learned A.P.P. and have recorded our opinion as mentioned herein before. (A.P.BHANGALE, J.) (A.M.KHANWILKAR, J.)