JUDGMENT

Mr. Kuldeep Tiwari, J

The instant appeal has been preferred against the judgment of conviction dated 8.9.2016 and the order of sentence of even date passed by the learned Additional Sessions Judge/Exclusive Court, Amritsar whereby, the appellant has been convicted for committing an offence punishable under Section 302 IPC, and has been sentenced to undergo rigorous imprisonment for life. Moreover, he has been sentenced to pay a fine amount comprised in a sum of Rs.10,000/-, and, in default whereof he has been sentenced to undergo rigorous imprisonment for a period of 6 months.

Factual Matrix

2. The prosecution story as unfolded from a statement which was recorded by Ashwani Kumar, who was lateron examined as PW1, at Police Station Chheherata, Amritsar. The statement which unfolded the prosecution version reads as under:-

"Ashwani Kumar son of late Amarnath, caste Kabir Panthi, resident of Pipal Wali Gali, Near Pannu Chowk, village Dhapai, P.S Chheharta, Amritsar, aged about 45 years, stated that I am resident of said address, doing job at the flour mill known as Chachi di Chakki. I have two brothers and one sister. My younger brother namely Johney doing labour work and my sister Suman, who was married about 12 years ago at Rodey Shah Colony, Dhapai, and Suman was blessed with a daughter and thereafter, our sister got divorce and about four years ago, we got second marriage of Suman performed with Jagir Singh alias Joney son of Mohinder Singh, resident of Street no.16, Near Dr.Choudhary Hospital, Gurbakash Nagar, Jhabhal Road, Amritsar, but Jagir Singh used to raise disputes with her without any cause and used to throw her out from her matrimonial house. About six months ago, our brother in law Jagir Singh beaten up our sister and ousted her and then our sister Suman accompanied by daughter Komal aged about 11 years, had been residing with us and was pulling cart of her life and our brother in law Jagir Singh visited us off and on. Today in the morning, Jagir Singh came to meet our sister and both of them started quarrelling without any reason and I left them after making them understand at about 8.30am for my work and our niece also went to school in the house, both my sister Suman and brother in law Jagir Singh were present. At about 9.00 a.m I suddenly came to my house and saw there were shrieks coming out of the room on first floor of my sister Suman. I went there and saw that Jagir Singh had thrown my sister Suman on the floor and he was strangulating her with the help of a dupatta while sitting on her and my sister was crying with pain, but he strangulated her to death and I tried to save her but he threw me away and on my raising hue and cry, Jagir Singh fled away from the spot. Then I move my sister but by that time, she had died. In the meantime, my younger brother Johney also came there in the house. I left him to guard Suman and was going to report the matter to you, but you met me. Action be taken."

3. On the basis of the above statement, an FIR No. 279 was registered on 24.11.2015 under Section 302 IPC against the appellant-accused Jagir Singh @ Johny, who is the husband of deceased-Suman. After recording the statement, Inspector/SHO Arun Sharma (PW11) went at the spot. He reached on the first floor of the house, where the dead body of Suman was lying and prepared the site-plan (Ex.P8) at the spot. A wale (chhuni) was tied around the neck of the deceased, which was removed and got converted into parcel duly sealed with the seal of 'AS' and taken into possession vide recovery memo Ex.PW6/A. The inquest proceeding was also carried out at the spot by the Inspector/SHO in the presence of one Johny (PW2) son of Amar Nath and Vijay Kumar. Thereafter the photographer was called at the spot and the photographs of the place of occurrence were clicked. The statements of other witnesses, who were present at the spot were recorded under the provisions of Section 174 Cr.P.C. On the next day i.e. 25.11.2015, the post-mo