Judgment

Dr. Arijit Pasayat, J. —

1. Heard learned counsel for the parties.

2. Leave granted.

3. Challenge in this appeal is to the Judgment of a Division Bench of the Uttarakhand High Court dismissing the appeal filed by the appellant. In the appeal challenge was to the Order of conviction recorded by the learned Sessions Judge, Chamoli in Sessions Trial No.8 of 1986 for offence punishable under Section 302 the Indian Penal Code, 1860 (in short ‘IPC’). The appellant was sentenced to undergo rigorous imprisonment for life.

4. Prosecution story in brief is that house of Budhi Lal (appellant) is one kilometer away from village abadi in village Airash. Appellant got married firstly to one Sobati Devi, but he had no issue from her. Later, he got married to Jashu Devi (hereinafter referred to as the ‘deceased’) and from her he had seven children. Out of the seven, eldest daughter Sushila was married. Both the ladies used to live with Budhi Lal in aforesaid house. Jaspal (PW.3) of village Kaphalkhet came to the house of Budhi Lal on 9.8.1985, in connection with purchase of a pair of bullocks, belonging to him. The deal was settled at Rs.1200/- and in that night Jaspal stayed in the house of B