JUDGMENT

Meenakshi Madan Rai, J. - This Appeal assails the Judgment and Order on Sentence, dated 26-10-2021 and 28-10-2021 respectively, of the Learned Sessions Court, West Sikkim, at Gyalshing, in Sessions Trial Case No.01 of 2020.

2. The Appellant on 04-01-2020, having caused the death of his wife by assaulting her with a stone on her head, at Ramgaythang, West Sikkim, surrendered before the In-Charge, Yuksom Police Outpost, West Sikkim at around 1.40 p.m. and informed P.W. 3, the Assistant Sub-Inspector of Police (ASI), of the incident. P.W. 3 immediately took him into custody and reported the incident to P.W. 17, the Station House Officer (SHO), Gyalshing Police Station, who directed him to file a Report. P.W. 3 accordingly lodged Exhibit 7 at the Gyalshing Police Station at around 3.00 p.m. Gyalshing Police Station, Case No.01/2020, dated 04-01-2020, under Section 302 of the INDIAN PENAL CODE , 1860 (hereinafter, the 'IPC'), was then registered against the Accused/Appellant. P.W. 7 took up for the investigation and submitted Charge-Sheet against the Appellant under Section 302 of the IPC and Supplementary Charge-Sheet containing the Forensic Report.

3(i). The Appellant pleade