This criminal appeal has been directed against the Judgment and order dated 3.8.2006 passed by Additional Sessions Judge/FTC ? I Ghaziabad in Sessions Trial No. 753 of 2004 convicting the appellant Nirankar Sharma for the offence punishable under Section 302 of IPC and sentencing him for life imprisonment and a fine of Rs. 6,000/- and in default of fine, to further undergo a sentence of one year.

2. The brief facts are that Prem Raj, ( P.W.1) submitted a handwritten report dated 15.1.1993 to Police Station ? Garh Mukteshwar, District ? Ghaziabad, alleging therein that in his village Khilwai, the house of Sukhveer Singh was lying vacant and since about five months, driver Nirankar Sharma ( accused) was residing there along with his wife Smt. Anita and son Soni aged about five years. For the past three days, the outer door of the house was open and the inner door was shut and a lock was hanging on it. It is further alleged that Smt. Anita and her son Soni had not been seen since then and when in the evening it appeared that stink was emanating from the house, then he and other villagers opened the inner door and saw the dead body of Smt. Anita and her son Soni