I.S. Mehta, J.

Instant appeal is arising out of judgment dated 30th September, 2014 and order on sentence dated 3rd November, 2014 passed by the learned Additional Sessions Judge, Tis Hazari Court, in Case RC.3(S)/98/SCB-II/DLI registered at Police Station S.P. Badli under Sections 302/316 IPC, whereby the appellant-accused has been sentenced to undergo life imprisonment along with fine of Rs. 30,000/- for the offence punishable under Section 302 IPC and in default of payment of fine to undergo simple imprisonment for one year; the appellant-accused has also been sentenced to rigorous imprisonment of further ten years along with fine of Rs. 20,000/- for the offence punishable under Section 316 IPC and in default of payment of fine, to undergo simple imprisonment for one year.

2. The brief facts stated are that initially an FIR No. 317 of 1996 under Sections 394, 34 IPC was registered at Police Station Samaipur Badli, Delhi on the basis of the statement given by the complainant i.e. Sanjay Rathore (since dead) at Santom Hospital to SI V.N. Mishra on 27th of April, 1996. Subsequently, father of the deceased victim Kishan Chand Rathore, filed Writ Petition No. 282 of 1997 before the Hon'ble Supreme Court of India and the same was allowed and further investigation was handed over to CBI. Consequently, CBI took over the investigation on 4th September, 1998 vide case No. RC.3(S)/98/SCB-II/DLI.

3. The prosecution case set up by Sanjay Rathore in FIR No. 317 of 1996 is that on 27th of April, 1996, Sanjay Rathore along with his wife (Veena: deceased victim), mother (Smt. Kamla) and daughter (Ms. Kajal) on their return from a marriage party had gone in his car to visit his godown in Shahbad Daulatpur, Delhi at around 8.00 p.m. on 27th of April, 1996. On opening the main gate it was noticed that there was no light and accordingly Sanjay Rathore proceeded to buy a candle. When he reached near his car, three young boys commanded him to hand over whatever he had and on his refusal one of them stabbed him in the left side of his abdomen. Those boys started removing ornaments of his mother and wife besides beating them. He raised an alarm and rushed to the godown of Kulwant Rana where a number of persons were sitting. On seeing his injuries they rushed to the godown and removed his wife and mother to Santom Hospital.

4. Subsequently, the aforesaid FIR No. 317 of 1996 was investigated by the CBI and it was revealed that Sanjay Rathore had been having an affair with Ms. Alka since a very long time. Sanjay was married to Smt. Veena in 1985 but his relation with Ms. Alka continued. On 5th February, 1993 Sanjay filed a divorce petition seeking divorce from Ms. Veena on the ground that Ms. Veena had deserted him for the last two years whereas Ms. Veena was residing with him in the same house all along and gave birth to two children, one in 1992 and one in May 1994. Efforts of Sanjay Rathore to obtain ex-parte divorce could not succeed and under compelling circumstances he withdrew his divorce petition on 27th April, 1993.

5. Investigation also revealed that in a marriage party held in 1995 there was a heated argument between Sanjay and brother of his wife (Sanjeev) wherein Sanjay threatened Sanjeev of dire consequences. In the year 1996, Sanjay and Alka entered into a conspiracy with Advocate Sudesh Kumar Sharma, Virender, Satish and Raju to commit murder of Ms. Veena who was at advance stage of pregnancy. In pursuance of conspiracy Sanjay Rathore took Veena to his godown at Shahbad on 27th April, 1996 after attending a marriage party at Bhagwati Garden where dinner was to be served at 9:00 pm and baraat was to reach at 8:00 pm. Sanjay and his mother, wife, and daughter Kajal went to the venue of marriage at 7:00 pm without taking dinner and reached the godown at 8:00 pm. There Veena was brutally hit on her head and was shot in her abdomen. Accused persons also attempted to fire on Veena with another .315 bore katta. The cartridge fell down an