( 1 ) THE appellant Kuldip Sharma, S/osh. Vyasdev Sharma has been convicted by an Additional Sessions Judge, New Delhi for offence under Section 302 Indian Penal Code for having committed the murder of his wife Neelam on the night of 1. 12. 85 by strangulation, vide judgment dated 12. 5. 89 and vide separate order of sentence, he has been sentenced to life imprisonment. Being aggrieved, he has come in appeal.

( 2 ) BRIEFLY, the prosecution case is that the deceased Neelam along with her husband, the accused, had been living in a room on the 2nd Floor of Quarter No. 34c/ 1, Railway Colony, Punjabi Bagh, This was a Government flat having been allotted to one Satapal being an employee of the Railways. It consisted of 2 rooms, verandah one kitchen, bath etc. The said allottee had let out the said premises to one Rajender Prasad. Sh. Rajender Prasad along with his wife Smt. Chandra Kala (complainant) was living in one room, verandah and kitchen while other room had been let out to the accused where he and deceased, his wife, were living together.

( 3 ) HOWEVER, the wife of the accused had been staying with her parents at Ambala for about 1 1/2 months before 27. 11. 85 when the accused brought her to Delhi in the house in question. Quarrel had taken place between the husband and wife on that day 2-3 times and he had also slapped her. In the night of 1. 12. 85, before going to sleep, a talk had taken place between the accused and Smt. Chander Kala, wife of Sh. Rajender Prasad, living in the other room, about the movie which Chander Kala had seen on the television elsewhere. After the talk, the accused and his wife had taken meal together and then went to sleep in their room. On the next morning Smt. Chander Kala, complainant woke up at about 7 A. M. and noticed that the main gate of her flat was lying open and at about 12 noon, she realized that Kuldip Sharma (accused) and his wife had not come out even to use the bath room whereas they generally used to get up in the morning. She had also not heard any voice from their side. She slightly opened their door and noticed that Neelam was lying in sleeping position on a Dewan. She called Neelam but there was no response. Only her mouth was visible and the other body was covered with quilt. She realised that she was dead and then she contacted her husband on telephone in his office who came at about 4. 30 P. M. along with their landlord Sh. Satyapal S/o Sh. Badri Nath who was residing at J-116, Kirti Nagar. They also noticed that Neelam was dead and then gave information to the police.

( 4 ) ON this information DD-16a was recorded. Copy of this DD was entrusted to Sl Sh. L. D. Arora who visited the spot along with a constable and on inspection found that Neelam was lying dead. Smt. Chander Kala, gave her statement (Ex. Public Witness- 2/b) to the said S. I. who forwarded the same through constable Sh. Ranjit Singh at about 6. 15 P. M. on 2. 12. 85 with his endorsement and on the basis of this statement FIR No. 809 was recorded by duty officerat6. 30 P. M. DD 18-A about the registration of the case was also recorded. Investigation was entrusted to S. I. Sh. L. D. Arora. Sh. Ravi Malik, SDM was summoned who prepared inquest report. The said S. I. prepared sketch site plan, got the scene photographed and sent the dead body for post-mortem through two constables. Post mortem was conducted by Dr. L. T. Ramani on 4. 12. 85 at 11. 15a. M-he noticed the injuries on the dead body internal and external vide his report (Ex. Public Witness-10/a ). He had inter alia noticed that a goergete chunni was tied around middle of neck tightly with a single knot situated on the front of the neck with a deep ligature constriction and brownish ligature mark 1" to 1. 25" wide all around middle of neck horizontally. He had opined that the ligature mark was ante mortem caused by chunni present around the neck and the death was due to asphyxia resulting from strangulation. According to him the deceased had