MADAN B. LOKUR, J.

( 1 ) THE Appellant is aggrieved by a judgment and order dated 4th August, 1998 passed by the learned Additional Sessions Judge, Delhi in Sessions Case no. 111/97 convicting him of an offence under Section 302 of the Indian Penal code. On 7th August, 1998 the Appellant was heard on the question of sentence and on that day he was ordered to be sentenced to imprisonment for life and to pay a fine of Rs. 1,000/- in default of which he has to undergo further rigorous imprisonment for one year.

( 2 ) THE case of the prosecution was that the Appellant and his wife kaushalya were living together in House No. 31, Village Munirka, Delhi. The appellant was working in the Indian Navy and was required to go on duty every alternate day. On those days, he would leave his wife and infant son with his parents in Vasant Vihar.

( 3 ) ON 28th June, 1990, the Appellant left his wife and infant with his parents and at about 9. 30 pm he picked them up and proceeded to the matrimonial home where they reached at about 10. 30 pm.

( 4 ) ON the way, it appears that the Appellant used abusive language against his wife reflecting upon her chastity. He told her that when they reach home he would teach her a lesson.

( 5 ) AFTER the Appellant and his wife arrived at their matrimonial home, the appellant switched on the television and tape recorder at a high volume and closed the door. When his wife was feeding the infant, who was about 4 or 5 months old at that time, the Appellant snatched the infant from her, pressed him in his lap with great force and thereafter caught the infant by his legs and tossed him in the air. The infant landed on their folding bed and the Appellant kept banging the infant against the bed until he died. All this while, Kaushalya was crying and requesting the Appellant not to manhandle the infant but to no effect. After the infant was dead, Kaushalya tried to go outside but the appellant took out a knife and told her to remain in the room and threatened her that in case she disclosed anything, he would kill her also. The Appellant accused his wife of having a love affair with somebody and kept quarreling with her till about 3. 30 or 4. 00 am the next morning. Thereafter, Kaushalya told the appellant to call his family members but he suggested that they should instead go to his parent's house. Early on the morning of 29th June, 1990, they went to the house of the Appellant's parents and came back a little later. At about 6. 00 am, Kaushalya asked the Appellant to allow her to ring up her parents and when she was permitted to do so, she came out of the house and rang up the police from her neighbour's house.

( 6 ) THE police arrived thereafter and conducted investigations into the cause of death of the infant.

( 7 ) DURING the investigation, it transpired that the couple were married on 23rd December, 1988 and after a month or so, the Appellant had beaten Kaushalya and doubted her chastity. She made a complaint with the police but a settlement was arrived at and the Appellant assured that in future he would not beat her. However, the Appellant did not adhere to the settlement and almost two days thereafter he again started beating her.

( 8 ) IT also transpired that a few days earlier on 25th June, 1990, the appellant had severely beaten Kaushalya as a result of which she fractured her arm at two places. This was later confirmed from the medical records produced before the Trial Judge by PW-17 Naik H. P. Yadav.

( 9 ) ON these broad facts, and on the conclusion of investigations, the police filed a challan against the Appellant under Section 173 of the Criminal procedure Code (Cr. P. C ). Thereafter, the following charge was framed against the Appellant: -"that you on 28-6-1990 at about 10. 30 PM at house No. 31 Munirka, Delhi did commit murder by intentionally or knowingly causing the death of your son terence Harrison aged about five months and thereby committed an offence punishable U/s. 302-IPC and within