JUDGMENT

Ripusudan Dayal, C.J. - This appeal is directed against the judgment and order dated 19-4-2002 by the learned Sessions Judge, South & West, Sikkim whereby the appellant Mangal Singh Subba convicted under section 302 of the Indian Penal Code for committing the murder of his wife, Budhamati Lepcha and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default of payment of fine to undergo further imprisonment for six months.

2. The deceased Budhamati Lepcha was first married to one Reshi Kapoor and thereafter nearly about one year prior to the date of the occurrence to the appellant Mangal' Singh Subba. The appellant and the deceased used to reside together in the same house at Bara Samdong Busty, West Sikkim. The deceased died in the evening of 5th July 2001. The same evening, the appellant either by himself or through his brother Suk Bahadur Subba (PW-5) sent information to his father-in-law and other members of the family of the deceased and also the neighbours that the deceased was seriously III and they should visit the house immediately. They visited the house and found that the wife of the appellant had already died. They also fou