M.R.SHAH,J. - (1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 09.10.2018 passed by the High Court of Judicature at Bombay in Criminal Appeal No. 723 of 2013, by which the High Court has dismissed the said appeal preferred by the appellant hereinoriginal accused and has confirmed the judgment and order of conviction passed by the learned Trial Court convicting the accused for the offence punishable under Section 302 of the IPC, the original accused has preferred the present appeal.
(2.) At the outset, it is required to be noted that the only submission made by the learned counsel appearing on behalf of the appellantoriginal accused is that the death of the deceased can be said to be a culpable homicide not amounting to murder and the case would fall under Exception 4 to Section 300 IPC and therefore the case would be under Section 304 Part II IPC. Even this Court has issued the notice in the present appeal limited to the nature of offence.
(3.) Shri Sushil Karanjkar, learned counsel appearing on behalf of the appellantoriginal accused has vehemently submitted that, as such, there was no intention on the part of the accused to kill his wife. It is submitted that at the time when the unfortunate incident had taken place, the accused was under the influence of liquor and therefore his condition was such that he could not understand what he was doing. It is further submitted by the learned counsel appearing on behalf of the appellantoriginal accused that even thereafter the appellant tried to save the deceased and poured water to save her and, while doing so, even the appellantoriginal accused also sustained the injuries. Therefore, relying upon the decision of this Court in the case of Kalu Ram v. State of Rajasthan (2000) 10 SCC 324, it is prayed to alter the conviction from Section 302 IPC to Section 304 Part II IPC.;