The appellant was tried and convicted for commission of offences U/S 302-RPC and 3/25 Indian Arms Act for having committed the murder of deceased, Smt.Amila Salathia by shooting her with a 12-bore gun, by the court of Ist Addl.Sessions Judge Jammu. Learned trial court by its judgment/order dated 30.11.1999 and 15.12.1999,after convicting the appellant for commission of the above said offences has sentenced him to undergo imprisonment for life and to a fine of Rs.5000/-, in default to undergo further rigorous imprisonment for one year for offence u/s 302-RPC while for the offence u/s 3/25 Arms Act a simple imprisonment for one year and a fine of Rs.1000/- and in default to undergo further simple imprisonment of one month, has been imposed.

2. Learned Trial Court has made a criminal reference u/s 374 Cr.PC for confirmation of the sentence imposed, whereas the accused being aggrieved by his conviction and sentence has filed the criminal appeal.

3. The deceased Smt.Amila Salathia was the real sister-in-law (Bhabi) of the accused. The story of the prosecution in nutshell is that on 11.1.1997 at about 8.45 PM the deceased was preparing meals in the kitchen of her house sit