JUDGMENT

B.N. Agrawal, J.-Condemned prisoner has impugned the judgment rendered by the High Court of Delhi whereby his conviction under Section 302 of the Penal Code, recorded by the trial court, has been upheld and sentence of death confirmed, the reference having been accepted.

2. Prosecution case, as unfolded by one Daya Kant Pandey (PW 2) in his fard beyan, was that the appellant used to consume liquor habitually and was in the habit of getting angry, became wild, incoherent and at times assaulted his wife deceased Neelam. He was employed in American Embassy in Chanakaya Puri and was residing with his wife and one and a half years old daughter on the first floor of house No. B-49, Dabri Extension, Delhi, which had been taken on rent by him from one Hira Nand (PW 1). On 11th September, 1996, which was the fateful day, at 4 P.M., PW.2 had gone to the house of the appellant to know about the welfare of his daughter. At that time, Sita Ram Pandey, father of the appellant (DW 1), was also present. The appellant returned home at about 7.00 p.m. At dinner the appellant consumed liquor. After dinner PW 2 and DW 1 went to the terrace for sleeping. After some time at about 9.30 p.m., PW.2