Jagdish Chandra, J.

( 1 ) THIS criminal appeal has been preferred by the convict Jagdish alias Jaggi against the judgment of conviction and sentence both dated 12/3/1986 and passed by Shri P. S. Shanna, Add ). Sessions Judge, Delhi. The appellant has been convicted under Section 307 IPC and sentenced to undergo rigorous imprisonment for five years for that offence.

( 2 ) THE prosecution case against the appellant is that he was married to the injured Smt. Rani about eight years ago and had two daughters and two sons begotten to them out of this wedlock and they were all living together at House No. 16/445, Padam Singh Road, Bapa Nagar, Karol Bagh, New Delhi About 1 years after her marriage the injured Smt. Rani learntthat her husband (appellant) was keeping another woman as his mistress and whenever she protested to him on that count, he would maltreat her and even give her beatings often and was also not providing food to her for months and would also go away from the house to live with that other woman.

( 3 ) THE prosecution story further goes on to allege that on 5th January, 1984 at about 11 P. M. Smt. Rani served food to the appellant and after taking food when Smt. Rani sat t

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