ANU MALHOTRA, J.

1. An appeal under Section 374 (2) of the Cr.P.C.,1973 has been instituted by the appellant Jai Prakash @ Guddu son of Sh. Hari Nath against the impugned judgment dated 11.03.2016 and impugned order on sentence dated 16.03.2016 of the learned ASJ-02 North West, Rohini in State Case No. 28/2014 in relation to FIR No. 116/2014, P.S. Begumpur. The accused therein i.e. the present appellant was convicted thereby for the commission of the offences punishable under Section 302/307 of the Indian Penal Code (hereinafter referred to as “IPC”), 1860.

2. The trial court record indicates that the charge of allegations framed against the accused/the appellant herein dated 26.05.2014 was to the effect that between 03-04/02/2014 from 8:00 p.m. to 7:30 a.m. on 04.02.2014 the accused i.e. the appellant herein had committed the murder of Promila @ Pooja by strangulating her neck with the help of a saree at house No. A-202, Rajeev Nagar, Delhi and thereby committed an offence punishable under Section 302 IPC and vide a separate charge also dated 26.05.2014, the appellant was also charged with the alleged commission of attempt to kill his daughter Laxmi and of thereby having committed an offence punishable under Section 307 IPC to which the appellant herein had pleaded not guilty and claimed trial.

3. Vide the impugned order on sentence dated 16.03.2016 the accused/the appellant herein was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.30,000/- and in default of the payment of fine to undergo simple imprisonment for six months for the offence punishable under Section 302 IPC and was further sentenced to undergo rigorous imprisonment for a period of ten years and a fine of Rs.20,000/- and in default of payment of fine to undergo simple imprisonment for a period of three months for the offence punishable under Section 307 IPC with the directions that both the sentences would run concurrently with the benefit of Section 428 Cr.P.C., 1973 having been given to the convict.

FACTUAL MATRIX

4. As per the prosecution version set forth in the charge-sheet under Section 173 Cr.P.C., 1973 which was committed to the court of Sessions on 13.05.2014, the investigating agency was set into motion on 04.02.2013 when Inspector Sudhir Gulia of P.S. Begumpur reached the spot at A-202, Rajeev Nagar, on receipt of DD No. 10A in relation to receipt of information on wireless sent at 8:10 a.m. that at Begumpur Rajeev Nagar Road, a man had assaulted his wife with a knife on her neck and had run away and that she was not breathing and appeared to be dead. The said information is stated to have been sent by mobile No. 8447316330 by WCt. Salochna 8283 PCR whereupon the DD. Entry No. 10A was recorded and entrusted to SI Ravinder who alongwith HC Dhanpal 1653 OD and HC Ballabh reached the spot. Thereafter Inspector Sudhir Gulia i.e. the Investigating Officer (IO) of the present case and the SHO were also stated to have been informed of the incident via a wireless message who also came to the spot.

5. It was submitted through the charge-sheet that the spot was A-202, Rajeev Nagar, Begumpur which had two doors, one was in the North and one towards the South and that there were three rooms constructed at that place and all those three rooms opened towards Paschim Vihar. It was further stated that in the room in the centre there was a cot (Chairpai) and there was a bedding on the floor and clothes were lying scattered and there were blood stains visible on the bedding on the floor. The IO then is indicated to have instructed SI Ravinder D5403 to reach the SGM hospital and the IO himself called the Crime team of the Outer District to the spot for inspection and photographs and got the site inspected and photographed.

6. It is stated further through the charge-sheet that in the meantime on receipt of DD No. 15A at the spot, Inspector Sudhir Kumar, the IO of the case along with Ct. Jitender 3069 reached Sanjay Gandhi Hospital where the