S.S. Dwivedi, J.

1. The appellant has preferred this Criminal Appeal under Section 374(2) of Cr.P.C. feeling aggrieved by the impugned judgment of conviction and sentence dated 18-8-2009 passed by Second Additional Sessions Judge, Gwalior District Gwalior in Session Trial No. 195/1992, whereby held the appellant / accused guilty for the offence punishable under Section 302 of IPC and sentenced him to imprisonment for life with a fine of Rs. 10,000/-, in default of payment of fine further ordered to suffer imprisonment for 6 months.

2. It is admitted fact that in the intervening night of 18th and 19th of January, 1989, appellant / accused was posted as Sub-Inspector at Police Station Purani Chhawni, Gwalior, where in the morning on 19-1-1989, one lady Ramkali Bai W/o. Shiv Singh was found dead in the suspicious circumstances.

3. Briefly stated facts of the case are that appellant/ accused was posted as Sub-Inspector at the Police Station Purani Chhawni, Gwalior, where a case at crime No. 2/89 was registered under Section 302/34 of IPC and in this case, the deceased Ramkali W/o. Shiv Singh, a lady aged about 30 years, her husband Shiv Singh and one Sughar Singh were arrested by