SANJIV KHANNA, J.

1. Pawan stands convicted for murder of his wife Dimple, in the intervening night between 17th and 18th September, 2009 at her matrimonial home at A-478/11, Gali No. 11, Mandoli Extn., Delhi. The impugned judgment dated 28th May, 2011, arises out of FIR No. 66 of 2010, P.S. Harsh Vihar registered under Section 302 of the Indian Penal Code, 1860 (IPC, for short). By the order on sentence dated 6th June, 2011, the appellant has been sentenced to undergo imprisonment for life and to pay fine of Rs. 7,000/- and in default to undergo rigorous imprisonment for one year.

2. The appellant challenges his conviction, inter alia, on the ground that he was not at home at the time of occurrence; Section 106 of the Evidence Act, 1872 has been wrongly invoked; prosecution has not been able to show and establish motive as the illicit relationship or marriage with Simple has not been proved; and cause of death of Dimple has not been established.

3. We have considered the said contentions but do not find any merit in the same for the reasons recorded below and accordingly sustain and uphold the conviction of the appellant.

4. At the outset, we notice and record our annoyance a