JUDGMENT

Dipak Misra, J.

1. The present appeal, by special leave, is preferred by the appellant assailing the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 978-SB of 2003 whereby the learned Single Judge has affirmed the conviction recorded by the learned trial Judge under Section 364 IPC and maintained the sentence of rigorous imprisonment for 10 years and a fine of Rs.5000/-, with the default clause.

2. Filtering the unnecessary details the prosecution case as unfurled is that Swaran Kaur, lodged an FIR No. 173 at P.S. Kotwali, District Kapurthatla on 15.10.1998 alleging that the marriage between her daughter, Kuljit Kaur, was solemnized with the accused-appellant as per religious rites on 7.1.1991 and in the wedlock a son, namely, Manpreet Singh, was born. There was incompatibility between the husband and wife as a consequence of which the accused was ill treating Kuljit Kaur. Initially both of them were staying in a rented house at Kapurthala but in March 1998 they shifted to another rented house situate in Mohalla Preet Nagar, Near Jhanda Mal School, Kapurthala, and started residing there. The informant used to go to her