Judgment

R.K. Patra, C.J.— This appeal is directed against the judgment and order dated 29.4.2003 passed by T.W. Bhutia, Sessions Judge, Special Division-II, Sikkim at Gangtok in Criminal Case No. 9 of 2002 convicting the appellant under section 302 I.P.C. and sentencing him to undergo imprisonment for life and to

pay a fine of Rs. 5000/- (with a defaulting clause of imprisonment) for having committed the murder of his wife, Maya Rai.

2. The case of the prosecution is as follows:

The appellant at the material time was a police constable and was staying in a rented house with his wife and children at Burtuk. His landlady was Purnamaya Gurung (PW4). On 2.2.2002 in the evening at about 6 p.m. PW4 on hearing some noise like breaking of flower pots and banging of doors from the rented accommodation of the appellant came to find out as to what the matter was. On her arrival she found the door of the residence of the appellant was closed from inside and his children were outside and they were crying. PW4 knocked at the door and called the appellant but there was no response. Finding no other alternative she informed over telephone to the Sub-Inspector of Sadar Police Station, Gangtok, (