JUDGMENT : Biren Vaishnav, J. 1. By judgment and order dated 18.02.2011, the accused has been convicted of offences under section 302 and section 324 of the Indian Penal Code and sentenced to undergo life imprisonment. By this appeal, the conviction and sentence is under challenge. 2. A charge was framed at Exh. 5. According to the prosecution case, the accused suspecting that his wife Falguni was having illicit relations, on 13.08.2008 at 11:30 at night, attacked his wife in his house with an axe. As a result of the injury sustained, the wife of the accused succumbed to death. The accused also hit his eight years old son with the axe who also sustained minor injuries. The accused was therefore charged for offences under sections 302 and 324 of IPC. The first informant was the accused himself. He lodged the FIR on 14.12.2008. According to the first information report, on 12.12.2008, finding that his wife had not returned home, the accused went looking for her at his in-laws' place in the evening at 7. He questioned his wife and she explained that she had gone to Navsari with her friend Bela. 3. On 13.12.2008, the accused/first informant returned home early. Having preplanned to carry out the act, he purchased an axe and the handle from a hardware shop and on night of 13.12.2008, when he alongwith his wife and two children were sleeping in the room, he inflicted repeated blows on his wife with the axe on the neck and other parts of the body. Falguni, his wife, died soon thereafter. Vivek, his son, also sustained injuries on the forehead as a result of being attacked with the axe. 4. Prosecution case essentially hinges on the testimony of two child witnesses, viz. PW-10 Vivek, and daughter Krishna, who was examined as PW-19. Vivek, the son aged 8, was examined as PW-10. He was a student of standard 4. He stated that her father had hit her mother with an axe. He did so because his mother had gone to Navsari the previous day. He had seen the incident. His father had hit his mother with an axe on the head. He also hit her on the forehead with axe. Vivek was cross examined. He stated that her father had hit her mother with an axe. He did so because his mother had gone to Navsari the previous day. He had seen the incident. His father had hit his mother with an axe on the head. He also hit her on the forehead with axe. Vivek was cross examined. In his cross-examination, he stated that the fact that his mother was hit and the incident happened because she was at Navsari was the fact he had known as he had read this in newspaper. He agreed to the suggestions put to him that the injuries that he sustained on his forehead was as a result of being hit by his father with an axe. In his evidence, he has stated that his father had gone to the police station and informed the police at 5 in the morning that his father has killed his mother with an axe. 5. Krishna, Vivek's sister, was also examined as PW-19 at Exh. 37. Questions were put to her to ascertain her competence. In her testimony, she stated that her mother had been hit by an axe at 11 at night. She stated that this happened while she was sleeping in the room with her brother. While she was sleeping on the ground, her mother was sleeping on the bed in the same room. When she woke up, she found her father standing with an axe. She saw her father hitting her mother with the axe. She identified her father who was present in the Court and also the muddamal axe. In her cross-examination, she admitted that the lights of the room were on at the time when the incident happened. 6. PW-16 at Exh. 31-Belaben, Falguni's friend, in her evidence, stated that she was working with Falguni at the factory. Friday being holiday, she was with Falguni and they had left together. They were together for few hours. Falguni left at 3 in the evening. 7. Neighbour of the family Nanabhai Kishanbhai was examined as PW-11 at Exh. 22. He was a resident of the same building and was staying on the 3rd floor. He however turned hostile. From the version as is evident from the cross-examination of this witness, he had seen the accused leaving with his son and daughter late at night in a hurry. 8. Sanjay Luhar, PW-14, has been examined at Exh. 29. 22. He was a resident of the same building and was staying on the 3rd floor. He however turned hostile. From the version as is evident from the cross-examination of this witness, he had seen the accused leaving with his son and daughter late at night in a hurry. 8. Sanjay Luhar, PW-14, has been examined at Exh. 29. He is the owner of the shop. In his testimony, he says that the axe was purchased by the accused. He had given this statement before the police. 9. The hardware shop owner Manharbhai Panchal was examined as PW-18, at Exh. 30. In his testimony, he stated that the police had come with the accused and he identified him as a person to have sold the handle of the axe. 10. Through the Panchnama at Exh. 13, the clothes of the accused have been produced. Though the panch PW-4, has turned hostile, he has admitted his signature on the panchnama. It is evident from reading the panchnama that the blood stains were found on the T-shirt and trouser of the accused. 11. Dr. Deepak Maheshkumar Singal, PW-12, at Exh. 33 is the doctor who carried out the postmortem of body of Falguni. It comes out from his evidence that Falguni had sustained 11 external injuries, one of which was on the head, the neck and chest. All injuries were antemorterm. The external injuries have also been made out in the postmortem report at Exh. 25. The injuries are as under: "(1) Chopped wound present right side of face neck and occipital region of 17 cm x 10 cm x 7 cm deep red, wound is ranging from the back at right side of mid line at occipital region to cutting pinna of above 2/3 and lower 1/3 and over cheek 3 cm in front of pinna this wound having cutting of occipital back at right side of (3 x 3 cm) base of skull brain matter coming out of that window. With cutting of both jugular external & internal, with clear margin & acute end. (2) Left wrist dorsum having incised wound of 3.5 cm x 2 cm x bone deep x red clear margins. (3) Chest having incised wound over right clavicle 12 cm x 1 cm 1 x muscle deep x red 4 cm above manubrium sterni. With cutting of both jugular external & internal, with clear margin & acute end. (2) Left wrist dorsum having incised wound of 3.5 cm x 2 cm x bone deep x red clear margins. (3) Chest having incised wound over right clavicle 12 cm x 1 cm 1 x muscle deep x red 4 cm above manubrium sterni. (4) Anterior aspect of neck having incised wound of 8 cm x 0.25 cm at midway below thyroid cartilage. (5) Chin having incised wound an right side of 3 cm x 0.25 x muscles deep x red. (6) Chin having incised wound of 6 cm x 0.25 cm at mid line equal on both side 1.5 cm above lower wound x red. (7) Chin having incised wound of 6 cm x 0.25 cm x red 1 cm above the middle wound. (8) Chopped wound of 9 cm x 1 cm x 3 cm deep x bone deep left to midline starts from left oldmosi to left side face acute angle, clear margins x red. (9) Incised wound of 6 cm x 1 cm x muscle deep present over left cheek 2 cm below left eye x red x clear margin acute angle. (10) Right side back over right scapular region having gr region abrasion of 4 cm x 1 cm x red. (11) Right side of back over right scapular region having abrasion of 3 cm x 0.5 cm x red, 2 cm below the first abrasion. As mentioned above." In the opinion of the doctor, the cause of death was shock due to hemorrhage as a consequence of the multiple injuries sustained by the deceased. The injuries were sufficient to cause death. Such injuries could have been caused by a sharp weapon like an axe. The doctor was cross-examined, however, nothing substantial comes out from the cross-examination of this witness. 12. Vivek, the son of the informant and the deceased was treated by Dr. Vinod Gadhiya who was examined as PW-13 at Exh. 23. The injury certificate has been produced at Exh. 28. Vivek had sustained injuries on the forehead. In the history recorded by the doctor in the certificate, it was stated that such injuries were caused due to being attacked by his father with an axe at 11:30 p.m. at home. Scientific evidence in terms of serological report has been produced at Exh. 50. 28. Vivek had sustained injuries on the forehead. In the history recorded by the doctor in the certificate, it was stated that such injuries were caused due to being attacked by his father with an axe at 11:30 p.m. at home. Scientific evidence in terms of serological report has been produced at Exh. 50. Blood stains had been found on the axe the group (B) was that of deceased. 13. Based on the evidence on record, the learned Sessions Judge convicted the accused for the offences under section 302 and section 324 of the Indian Penal Code. 14. Before adverting to the contents of the FIR which was lodged by the accused himself, we may examine the evidence on record. 15. Vivek, the child witness aged 8, as is evident from his testimony, was competent and therefore could give evidence. What emerged on reading the testimony of Vivek is that he was in the room, sleeping with his mother, sister Krishna and his father. He unequivocally in his testimony states that he has seen his father hitting his mother with an axe on her head. He further deposes that even he sustained injuries on his forehead as a result of being hit with the axe by his father. This version of Vivek stands confirmed from the testimony of doctor Deepak Gadhiya who treated Vivek and issued a certificate at Exh. 28. The certificate also records that Vivek sustained injuries on his forehead as a result of being hit by his father with an axe, at 11:30 p.m. at home. Co-relating the medical evidence the testimony of Vivek-the son is credible as his presence is established at the scene of offence which occurred in the room inside the house of the accused. 16. Krishna, Vivek's sister, PW-19, also when questioned about the incident, categorically comes out with a case that her father had hit her mother with an axe. The incident occurred at 11 at night while they were sleeping inside the room. All the four of them were together in the room while she was sleeping on the floor with his brother and her mother and father were on the bed. 17. Neighbour Nanabhai Kishanbhai was examined as PW-11 at Exh. 22. The incident occurred at 11 at night while they were sleeping inside the room. All the four of them were together in the room while she was sleeping on the floor with his brother and her mother and father were on the bed. 17. Neighbour Nanabhai Kishanbhai was examined as PW-11 at Exh. 22. Though turned hostile, what comes out from his evidence that at about 11 at night, he noticed the accused leaving the house in a hurry with his two children Vivek and Krishna. At that point of time, he saw Vivek bleeding. 18. From the Panchnama of the clothes of the accused read together with the serological report, what has come on record is that the clothes of accused were found stained with blood, the blood group that belonged to the deceased. 19. The owner of the hardware shop, PW-15 Manharbhai Amratbhai Panchal and Sanjaybhai Luhar, PW-14 confirmed in their testimonies that the axe and the handle were bought by the accused from their shops. 20. What therefore comes out from the evidence of these witnesses are concerned is:- "(I). That the incident occurred in the house of the accused. It occurred in the room in which the accused, the deceased and their two children Vivek and Krishna were present. (II). Vivek was examined as PW-10 and also was an injured eyewitness. He has categorically come out with a version that his father had hit his mother with an axe. He also sustained injuries. In Exh. 28 certificate in the history so recorded by the doctor who treated him, it is evident that his father was holding an axe. (III). Krishna, daughter of the accused also testified that she had seen her father at 11 at night hitting her mother with an axe. (IV). The neighbor has also stated that he had seen the father leaving the house in a hurry and seen that the clothes of Vivek were blood stained." 21. All these circumstances when put together with this scientific evidence which has come on record, would lead us to the only conclusion that it was the accused who was guilty of having committed the offence of having killed his wife with an axe. Medical evidence on record would suggest that the injuries were sustained with the axe used by the accused. 22. Medical evidence on record would suggest that the injuries were sustained with the axe used by the accused. 22. The motive to carry out the crime is evident on reading the evidence of Belaben, PW-16, Exh. 31. She testifies that Falguni in her meeting with her mentioned that her husband was suspecting her of infidelity Falguni had called the supervisor who was working at the factory and the three had gone on his motorcycle. Even in her cross-examination, she agreed that people were talking about Falguni's affair with the supervisor. Based on this evidence, therefore, the motive is proved. Even when his statement under section 313 is read, he stated that he was aware that on the date of incident his wife had come home late. 23. Having gone through the statement under section 313 of the accused his case is of total denial. However, he admits the fact of having gone to the police station to lodge the police complaint. Except this it is a case of complete denial on his part. The murder took place late at night in the home where the accused and his wife lived with their minor children. There were no other occupants in the house. There was no evidence of house break or forced entry in the house by an outsider. It is not even the case of the accused that on that night he was not at home. He therefore had a duty to explain these circumstances in his statement under section 313 of Cr.P.C. He kept total silence. 24. Mr. Asthavadi, learned advocate appearing for the appellant has relied on a decision of the Supreme Court in case of Ashraf Ali v. State of Assam, reported in (2008) 16 SCC 328 , and contended that when each circumstance which is against the accused is not put to him, there is a serious violation of principles of natural justice. 25. It has been held by several decisions of this Court as well as of the Supreme Court that the accused has to specifically plead as to what prejudice has been caused to him if the circumstance against him is not put to his notice. While going through the statement under section 313 of the Code as far as the present accused is concerned, except for the case of bare denial, he has not suggested anything else. While going through the statement under section 313 of the Code as far as the present accused is concerned, except for the case of bare denial, he has not suggested anything else. In fact, what also comes out from the statement under section 313 is that he admitted the fact that he had gone to the police station. 26. Having considered the evidence on record, the culpability of the accused in commission of the offence stands proved beyond doubt. The motive to commit the crime is also established. 27. In the result, the conviction and sentence for the offence under section 302 and section 324 of the Indian Penal Code stands confirmed. The fine imposed by the learned Sessions Judge is altered. Instead of the fine of Rs. 1,50,000/- and 2 years' imprisonment, default fine is reduced to Rs. 10,000/- and the period of simple imprisonment is reduced to six months. The accused, a factory worker belong to an economically weaker strata of the society, hence the reduction in the amount of fine and the sentence of simple imprisonment in default thereof. The appeal stands dismissed. R & P to be transmitted to the Trial Court. Appeal Dismissed