HIMA KOHLI, J.

1. The appellant is aggrieved by the judgment dated 28.2.2018 passed by the learned Addl. Session Judge (Fast Track Court), Shahdara Karkardooma Court, Delhi, in S.C. No. 54/2014, arising out of FIR No.366/2014, P.S. Nand Nagari whereunder he has been held guilty and convicted under Sections 302/506 IPC for a double murder, one of his daughter-in-law, Nagma and the other of her 22 days old daughter, Sofia. However, the appellant and his son, accused No.2, Ibne Ali, were acquitted for the offence under Sections 498-A/34 IPC. Vide order on sentence dated 09.03.2018, the appellant has been sentenced to undergo life imprisonment with a caveat that he would not be released on remission before undergoing a sentence for a period of 28 years under Section 302 IPC and shall pay a fine of Rs.10,000/-. In default of payment of fine, he has been directed to undergo simple imprisonment for a period of six months. For the offence under Section 506 IPC, the appellant has been sentenced to undergo rigorous imprisonment for a period of 2 years. Further, compensation has been directed to be awarded to the legal heirs of both the deceased under Section 357-A Cr.P.C.

2. The process of criminal law was set into motion when at around 3.50 AM on 08.4.2014, DD No. 7A (Ex.PW14/A) was recorded at PS Nand Nagari, Delhi. The Control Room was intimated through a telephonic call received by the PCR Van that a lady was murdered in K-Block, House No. 285, Street No. 5, Sundar Nagri, Delhi. On the duty officer intimating PW-24, SI Gaurav Kumar about DD No. 7A, he along with PW-14, SI Ashok Trikey and PW-19, Ct. Charan Pal reached the first floor of the aforesaid house where the dead bodies of Nagma and the baby girl, Sofia were found. There was blood on the floor and in the nostrils of Nagma. Ligature marks were found on the necks of both the deceased. The Crime team was called, who inspected the site and took photographs. The “Scene of Crime Visit Report” (Ex.PW7/A) recorded in column 6 that the modus operandi was strangulation and noted in column 9 that the weapon/tool suspected to have been used for strangulation, appeared to be a rope. In column 14, the exhibits advised to be collected from the spot included the jute rope.

3. On inquiries made by PW-24, SI Gaurav Kumar, it was revealed that the appellant is the father-in-law of the deceased, Nagma and the grandfather of baby Sofia and that he and his son, Abid Ali @ Nihal aged about 8 years were sleeping outside the room of the deceased; Dildar Ali @ Dillu, husband of Nagma was in Tihar Jail at that time and the appellant’s wife, Bilkish @ Ujma had left his company 3-4 months ago. There was no sign of breaking open of the door of the room where the dead bodies were found. The dead body of the woman was identified as that of Nagma, w/o Dildar @ Dillu, aged about 22-23 years and that of the baby girl was identified as Sofia, daughter of Nagma, about 20-22 days old. Based on the aforesaid information, the IO prepared a rukka and got the FIR registered. Later on, the investigation was entrusted to PW-29, Inspector Kishan Kumar.

4. The site plan was prepared with the assistance of PW-24, SI Gaurav Kumar (Ex.PW29/A). The exhibits lifted from the scene of crime that included blood samples, blood stained earth, sample earth control, broken mala, one ear ring, small blanket and dari, were seized vide seizure memo Ex.PW19/B. On reaching the ground floor of the house, the IO (PW-29) had met the appellant and his neighbour, Nisar Ahmed (PW-10) and Anwar Ali (PW-11). He had also met the minor son of the appellant namely, Abid Ali (PW-5), who is the sole eye witness and his wife, Bilkish @ Ujma (PW-6). Besides recording the statements of PW-10 and PW-11, the statement of PW-5 was also recorded. Abid Ali (PW-5) stated that his father, the appellant had murdered his bhabi, Nagma and baby Sofia by strangulating them with the help of a rope. The appellant was arrested and on the basis of his disclosure