JUDGMENT :

Brijesh Sethi, J.

1. The appellant has instituted the present appeal under section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C’) against the impugned judgment dated 23.08.2001 and order on sentence dated 24.08.2001, in Session Case No. 22/2001, arising out of FIR No.485/1996, registered at Police Station–Nangloi; whereby the Trial Court has convicted the accused Lekhraj (hereinafter referred to as the ‘appellant’) of a charge framed against him under section 302 Indian Penal Code, 1860.

2. Before going into the merits of the present appeal, it is relevant to recapitulate the brief facts of the present case which are as follows:

‘On 09.07.1996, at about 5.30 p.m., one Dhara Singh came to the police post Nihal Vihar, PS Nangloi and informed that one Lekh Raj had murdered his wife Smt Mamta. On receipt of this information, SI Zile Singh, in-charge Police Post Nihal Vihar, reached the spot of crime i.e. house no. B-2777, Nihal Vihar, Delhi along with HC Bhagwati, Ct. Dharminder and Surinder where they found the dead body of deceased Mamta lying in a pool of blood. There were injuries on her forehead till her nose towards the right side and als