JUDGMENT :

Jyotsna Rewal Dua, J.

The instant appeal has been preferred by the appellant Vinod Kumar Khadia (hereinafter referred to as the "accused" in short), against the judgment dated 16.02.2011, passed by learned Additional Sessions Judge, Solan, District Solan, H.P., in Sessions Trial No.5-s/7 of 2010, titled State of H.P. versus Vinod Kumar Khadia, whereby the accused was convicted for the offence punishable under Section 302 IPC and sentenced to undergo rigorous imprisonment for life, alongwith fine of Rs.20,000/- and in default of payment of fine, the convict has to further undergo imprisonment for one year.

2. Prosecution Case:

2(i). The accused, alongwith his wife and three minor children, resided in tenanted premises owned by PW-3 Leela Dutt, at Village and Post Office Garkhal, Tehsil Kasauli, District Solan, H.P.

2(ii). On 23.11.2009, at about 10.45 p.m., accused gave beating to his wife Kiran Bala at his home (tenanted premises) with wooden block Ext.P-1 as well as caused injuries to her with knife Ext.P-2.

2(iii). Elder son of the accused, called their neighbour PW-2 Naresh Kumar Attri by knocking at his door and requested him to save his mother from his father. Noises were