JUDGMENT : - SMT. V.K. TAHILRAMANI, J.:- This appeal is directed by the appellant-original accused against the judgment and order dated 13.04.2007 passed by the learned 5th Ad-hoc Additional Sessions Judge, Sewree, Mumbai in Sessions Case No. 1018 of 2006. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him to suffer imprisonment for life and fine of Rs. 5000 in default R.I. for one year. 2. The prosecution case briefly stated, is as under: (a) PW 1 Payal is the first informant in the present case. She is the sister of Anjali (deceased). PW 2 Kajal was also the sister of Anjali. At the time of the incident, PW 1 Payal, her sister PW 2 Kajal and two children of Kajal were residing in Room No. 12 on 3rd Floor in MHADA Building No.10, P.M.G.P. Colony, Malad, Mumbai. About 1 & 1/2 months prior to the incident, deceased Anjali along with the appellant who is her husband came to reside with PW 1 Payal. The appellant was taking all the money earned by Anjali and spending it in the bars. The appellant was suffering from T.B. at the relevant time. He was advised to go to Doctor for treatment but instead of going to Doctor, he used to spend all the money taken from Anjali in bars. (b) The incident took place in the night between 3rd and 4th April 2006 at about 01.30 a.m. At that time, PW 1 Payal was watching television along with two children of Kajal. She heard sound of Anjali shouting, hence, she came from 3rd floor to 2nd floor. There she saw the appellant assaulting Anjali on neck with a knife. Anjali was about to climb three/four steps to the third floor but she fell down on the steps. The appellant on seeing Payal threw away the knife and ran away. Meanwhile, PW 2 Kajal, the sister of Payal and Anjali came to the house. She saw the dead body of Anjali was lying on the steps in a pool of blood and PW 1 Payal was crying. Kajal asked Payal as to what happened whereupon Payal stated that she heard shouts of Anjali; on hearing the shouts, she came out of the house and saw the appellant assaulting Anjali on the neck. PW 1 Payallodged the FIR. Thereafter, investigation commenced. Kajal asked Payal as to what happened whereupon Payal stated that she heard shouts of Anjali; on hearing the shouts, she came out of the house and saw the appellant assaulting Anjali on the neck. PW 1 Payallodged the FIR. Thereafter, investigation commenced. The dead body of Anjali was sent for postmortem. PW 3 Dr. Shinde performed the postmortem on the dead body of Anjali. The Doctor found following injuries on the dead body of Anjali: (1) Incised wound 11 cm x 3 cm X 3 cm over right side of neck extending from right side of larynx upto lateral aspect of right side of neck oblique, upward end interiorly. Thyroid cut upto cavity deep at mid thyroid level, muscles cut right common carotid artery and jugular vein totally cut. (2) incised wound 4 X 1 & 1/2 cm into thyroid cartilage deep for left side of larynx. (3) C.L.W. 2 cms x 0.5 cms skin deep over left side of neck. (4) Abrasion 2 cms x 1 cm over left infraclavicular region. middle 1/3 portion vertical. (5) Abrasion 2 cms x 1 cm over left shoulder. (6) Incised wound 2 cms x 0.5 cm skin deep over distal phalynx of right thumb. Oblique upper end medially. (7) Incised wound 2 cms x 0.2 cm skin deep over distal phalynx of right index finger oblique, upper end medially. (8) Slicing injury of tip of right middle finger 0.8 cm x 0.5 cm. (9) Incised wound 1.5 cms x 0.5 cm x 0.3 cm over distal. Phalynx of right middle finger. oblique upper end medially. All the injuries were red in colour i.e. fresh. Injury No. 1 is fatal injury. According to the Doctor, the cause of death is shock and hemorrhage due to neck cut. 3. Charge came to be framed against the appellant under Section 302 of IPC. The appellant pleaded not guilty to the said charge and claimed to be tried. The defence of the appellant is that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him as stated in paragraph I above. Hence, this appeal. 4. We have heard the learned Advocate for the appellant and the learned APP for the State. After going through the evidence adduced in this case, the learned Sessions Judge convicted the appellant under Section 302 of IPC and sentenced him as stated in paragraph I above. Hence, this appeal. 4. We have heard the learned Advocate for the appellant and the learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Sessions Judge and the evidence on record, for the reasons stated below, we are of the opinion that the appellant assaulted his wife Anjali with a knife and caused her death. 5. The conviction is mainly based on the evidence of PW 1 Payal who is the sister of Anjali. She has stated that she along with her sister PW 2 Kajal and two children of Kajal were residing in Room No. 12 on 3rd Floor in MHADA Building No. 10, P.M.G.P. Colony, Malad, Mumbai. About 1 & 1/2 months prior to the incident, deceased Anjali along with the appellant who is her husband came to reside with Payal. The appellant was taking all the money earned by Anjali and spending it in the bars. The appellant was suffering from T.B. at the relevant time. He was advised to go to Doctor for treatment but instead of going to Doctor, he used to spend all the money taken from Anjali in bars. PW 1 Payal further stated that the incident took place in the night between 3rd and 4th April 2006 at about 01.30 a.m. At that time, Payal was watching television along with two children of Kajal. She heard sound of Anjali shouting, hence, she came from 3rd floor to 2nd floor. There she saw the appellant assaulting Anjali on the neck with a knife. Anjali was about to climb three/four steps to the third floor but she fell down on the steps. The appellant on seeing Payal threw away the knife and ran away. 6. The evidence of PW 1 Payal receives some corroboration from the evidence of PW 2 Kajal who is the sister of Payal as well as the deceased. PW 2 Kajal has stated that at about 01.45 a.m., she returned home and when she was climbing the staircase, she saw her sister Anjali lying on the steps in a pool of blood. PW 2 Kajal has stated that at about 01.45 a.m., she returned home and when she was climbing the staircase, she saw her sister Anjali lying on the steps in a pool of blood. She saw that her sister Payal was crying. She asked Pawal as to what had happened whereupon Payal stated that she heard shouts of Anjali; on hearing the shouts, she came out of the house and saw the appellant assaulting Anjali on the neck. 7. Nothing has been elicited in cross-examination of any of these two witnesses so as to disbelieve their testimony. The evidence, especially that of PW 1 Payal clearly shows that it was the appellant who assaulted his wife Anjali with a knife on her neck. The medical evidence also shows that the appellant caused in all nine injuries to Anjali, out of which six are incised wounds. Injury Nos. 1 and 2 which are incised wounds are on the vital part of the body i.e. neck. They have caused extensive internal damage. Looking to the evidence on record, we are of the opinion that there is no merit in the appeal, hence, we proceed to pass the following order: ORDER I. The appeal is dismissed. II. Office to communicate this order to the Superintendent of prison where the appellant is lodged and to the appellant original accused. 8. At this stage, we must record our appreciation for Advocate Mrs. Rohini Dandekar who is on the High Court Legal Services Committee, appointed to represent the appellant in this appeal. We found that she had meticulously prepared the matters and she has very ably argued the appeal. We quantify total legal fees to be paid to her in this appeal by the, High Court Legal Services Committee at Rs. 2200. The said fees be paid to Advocate Mrs. Dandekar within three months from today. Appeal dismissed.