Judgment :

Dr. B.S. Chauhan, J.

1. This appeal has been preferred against the impugned judgment and order dated 6.2.2009 in Criminal Appeal No.226-DB of 2007, passed by the High Court of Punjab & Haryana at Chandigarh, by way of which the High Court has affirmed the judgment and order dated 8.2.2007, passed by the Additional Sessions Judge, Bhiwani in Sessions Trial No.110 of 8.9.2005, by way of which and whereunder the Trial Court has convicted the appellant under Section 302 of the Indian Penal Code 1860 (hereinafter referred to as the ‘IPC’), and sentenced him to undergo imprisonment for life and to pay a fine of Rs.25,000/-. In default of payment of such fine, he would further suffer RI for a period of 3 years.

2. Facts and circumstances giving rise to this appeal as per the prosecution are that:-

A. In the intervening night between 6-7.1.2005, Maya Devi (PW.3), mother of Raj, deceased was irrigating her agricultural fields alongwith her daughter Birma (PW.4). On hearing the cries of her daughter Raj, Maya Devi and Birma reached the spot and saw that one Kalia had caught hold of Raj and Karan Singh, the appellant had put a rope around her neck and was dragging her deeper into t