G.S. Sistani, J.

1. Present appeal filed by the appellant under Section 374 (2) of the Code of Criminal Procedure is directed against the judgment of the trial court dated 28.07.2011 and order of sentence dated 30.07.2011 whereby the appellant had been sentenced to undergo imprisonment for life and a fine of Rs.20,000/- for the offence under Section 302 of the Indian Penal Code and in default of payment of fine to further undergo simple imprisonment for two months.

2. Brief facts of the case, as noted by the Learned Trial Court are:

“1) According to the prosecution case accused Sandeep was married to Sumitra (deceased), sister of the complainant Sukhdev about four years before the incident and couple was blessed with a daughter aged about 2 years; for the last 6 months couple was having temperamental disputes (ann-ban) and complainant and his family tried to make the accused understand; on 22/09/2009 in the morning the accused made a telephonic call to the complainant stating that he alongwith his wife Sumitra (deceased) would be going to Aman Vihar police station where he would divorce her; accordingly complainant went to Aman Vihar police station but the accused did not r