JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.

1. The Appellant is aggrieved by the judgment of the Division Bench of the High Court of Allahabad dated 15th December, 2009 passed in Criminal Appeal No. 3302 of 2003 confirming the conviction and sentence imposed on him Under Section 302 of the Indian Penal Code. While convicting the Appellant the trial court imposed a sentence of life imprisonment apart from fine of Rs. 10,000/- with default clause of one year rigorous imprisonment.

2. It is a case of circumstantial evidence.

3. According to the prosecution, the Appellant was living alone with his wife, the deceased Suman in his first floor portion at A 353, Awas Vikas Colony, Tiwaripur, Gorakhpur, Uttar Pradesh and the ground floor portion was lying vacant. They got married on 17th September, 1999. The occurrence took place on the intervening night of 30th and 31st January, 2001 at around 4:00 a.m.

3.1 As per the contents of the First Information Report, P.W. 1 one Chandra Mohan Pandey, brother of the deceased received information about the death of his sister at 7:30 a.m. through P.W. 2 Ram Prakash Dubey who is none other than his cousin who was also living in the same locality where th