S. Ravindra Bhat, J.

1. This appeal is directed against the judgment dated 31.10.2009 and order on sentence dated 18.11.2009 passed by learned ASJ (Dwarka) whereby the appellant was convicted of offences under section 302, IPC read with section 34, IPC and sentenced to rigorous imprisonment for life in addition to an imposition of fine.

2. The prosecution alleged that on receipt of DD No. 5A to the effect that opposite B-12, Shyam Vihar, 25 foot road, the wife of accused Raju was stabbed with a knife and the assailant fled after snatching of Rs..20,000, the police reached the spot. Inspector Mahender and members of the staff also reached there and upon inspection of the spot they found that gate of the House B-12, Shyam Vihar, Phase I, was lying open. Inside the house a dead body of a female (Mamta, accused Raju’s wife) was lying near the diwan (bed). The bed sheet was blood stained and a blood stained kitchen knife too was found. An iron cupboard in the room was open but no item was found outside. A clump of hair was also found lying near the left side of the body. During enquiry, it was found out that the deceased had returned to her house at around 8:30/9:00 P.M. after p