JUDGMENT :

SHREE CHANDRASHEKHAR, J.

In S.T. No. 615 of 2009 Shatrughan Thakur, the appellant, has been convicted and sentenced to R.I. for life and a fine of Rs.5,000/- under section 302 of the Indian Penal Code (in short, IPC) for committing murder of Dhaneshwari Devi @ Munia, his wife.

2. Katkamsandi P.S. Case No. 178 of 2009 was lodged on 23.07.2009 on the basis of the fardbeyan of Bhikhani Devi which was recorded at 07:00 AM on 23.07.2009 at the house of the appellant, which is the place of occurrence. The informant has stated that her daughter was married to the appellant about 15 years back and they were blessed with two children, a son and a daughter. The appellant had drinking habits and he would assault his wife and threaten to kill her. Her daughter with children had, therefore, come back to her and after some time the appellant also came there. Somehow she could reason with the appellant who promised not to commit marpit with his wife and started living with his wife and children in her house. On 21.07.2009 they had gone to Tetaria Tola, Village-Basantpur and stayed in the house of the appellant. At that time her other daughter and grand-children were also with her. In the