JUDGMENT :

Manoj Misra, J.

1. This appeal is against the judgment and order of conviction and sentence dated 12.01.2006 passed by the Additional Sessions Judge (Fast Track Court), Court No. 1, Pilibhit in Sessions Trial No. 695 of 2004 whereby, the appellant has been convicted under section 302 I.P.C. and sentenced to imprisonment for life with fine of Rs.5,000/- and on default of payment of fine, additional six months imprisonment.

INTRODUCTORY FACTS

2. On a written report (Exb. Ka-1), lodged by Surendra Singh (PW-1), the brother of the deceased, on 28.06.2004, at 17:35 hours, a Chik FIR (Ex. Ka-4) was prepared by PW-5, giving rise to Case Crime No. 54 of 2004, under Section 302 I.P.C., at P.S. Hazara, District Pilibhit. The prosecution case, in brief, is that informant's elder sister Banso Bai (the deceased) was married to the appellant (Charan Singh) twelve years ago; she had five daughters and a son; the appellant used to suspect and taunt the deceased of being unchaste and treated her with cruelty; in the evening of 27.06.2004, the deceased and the accused had a fight; in the