G.S. Sistani, J.

1. Challenge in the present appeal is to the judgment dated 16.7.2009 and the order on sentence dated 31.7.2009 passed by learned Additional Sessions Judge by which the appellant has been sentenced to imprisonment for life with fine of Rs.3,000/-, and in default of fine, simple imprisonment for another period of three months for the offence under Section 302 IPC.

2. The appellant was married to one Ms. Madhu; out of the wedlock four children were born.

3. The version of the prosecution as noticed by the trial court is that on 26.8.2006 at around 7:28 a.m. an information was received at the Police Station Ashok Vihar vide DD Nos.10A and 11A about the recovery of a dead body of one lady lying in Jhuggi No.F-356, Jailerwalan Bagh, Delhi. The head of deceased Madhu was found crushed and one blood-stained stone was lying on the table nearby when Inspector S.K. Sharma along with ASI Balwan reached the spot. Deepak Kumar, son of the deceased was present at the spot, who informed the police that his father had killed his mother. Statement of Deepak Kumar was recorded by Inspector S.K. Sharma. Brother of the deceased and one daughter of the deceased, Poonam, were also