Hima Kohli, J.

The appellant is aggrieved by the judgment dated 31.05.2003 passed by the learned Additional Sessions Judge in Session Case No.1/2000 arising out of FIR No.13/2000 registered against him at Police Station: Sriniwas Puri under Section 302 IPC, whereunder the trial court has convicted him for the murder of his wife, Walli under Section 302 IPC and vide order on sentence passed on the same date, he was sentenced to imprisonment for life under Section 302 IPC and pay a fine of Rs. 2,000/-. In default of payment of fine, the appellant has been directed to undergo further rigorous imprisonment for two months.

2. The facts of the case as elicited from the record are that the deceased, Walli was residing with her parents in the Madrasi Camp at Jal Vihar, Delhi. Her father, Kalrayan used to run an Idli Dosa shop from his jhuggi and make sales to the residents of the area. Walli's mother used to work as a domestic help at B-Block, Lajpat Nagar. From the age of 10 years, Walli also started accompanying her mother to work. Both, mother and daughter used to leave together for their work every morning. On 30.6.1996, Kalrayan got Walli married to the appellant, Govind Raj at his native village in Tamil Nadu. After their marriage, the appellant accompanied Walli to Delhi. On reaching Delhi, Walli and her husband, the appellant started residing in jhuggi No.2, situated close to the jhuggi of Kalrayan.

3. On the fateful day, on 17.01.2000 at about 5:30 AM, when Kalrayan (PW-4) woke up and started attending to his daily chores, as was usual, he went to Walli's jhuggi to wake her up. When he reached her jhuggi, he saw that Walli was lying dead on a chattai on the floor with her tongue entangled between her teeth and a rope tied around her neck. It is the prosecution case that when Kalrayan reached his daughter's jhuggi, he saw the appellant coming out with a bag in his hand and at that time, he was at a distance of about 20 feet from the jhuggi. On seeing Kalrayan, the appellant allegedly ran away. Walli's father raised a hue and cry, whereafter the neighbours gathered there. One of the neighbours in the Madrasi Camp, namely, Silve Raj (PW-3) informed the police, who came to the spot. The appellant was held responsible for the murder of his wife, Walli and charged with the offence punishable under Section 302 IPC. The appellant pleaded not guilty to the charge and claimed trial.

4. In support of its case, the prosecution examined 14 witnesses. HC Sardar Singh (PW-1), working as a Duty Officer at P.S. Sriniwas Puri, deposed that on 17.01.2000, at about 7:35 AM, he received a telephonic call from the Pradhan of Madrasi Camp Jhuggis informing that the accused had run away after killing his wife, Walli in jhuggi No.2. PW-1 recorded DD No. 24-A and proved the same as Ex.PW1/A. ASI Nirmal Kumari (PW-2), who was posted as a Duty Officer at P.S. Sriniwas Puri, deposed about recording the formal FIR No.13/2000 (Ex.PW2/B). She also proved the rukka brought by Constable Jog Ram, who had accompanied the I.O., SI P.C. Yadav to the spot (Ex.PW2/A). SI Madan Pal (PW-7) was the Draftsman, who visited the place of occurrence with the I.O., took rough notes and measurements on the pointing out of Kalrayan (PW-4) and prepared the scaled site plan (Ex.PW-7/A). He stated that the distance shown in the site plan from point "B", indicating the place from where PW-4 had seen the accused when he was fleeing away, to point "C", indicating the position of the accused when he was fleeing, was 7.10 meters (approximately 23 feet). Constable Vajinder Singh (PW-9) deposed about delivering a copy of FIR No.13/2000 to the concerned Metropolitan Magistrate at his residence at 4:30 PM on the same day.

5. Mr. Rajesh Kumar, SDM, Defence Colony (PW-8) stated that he had received a telephonic message from P.S. Sriniwas Puri on 17.01.2000, at 9:30 AM about a death occurring at the Madrasi Camp, Jal Vihar, New Delhi. He was informed that the case appeared to be of the