JUDGMENT RAJEEV KUMAR SHRIVASTAVA, J. – The instant Criminal Appeal is preferred under section 374(2) of Criminal Procedure Code, challenging the judgment dated 4-9-2008 passed in Sessions Trial No. 01/2007 by Sessions Judge, Vidisha, whereby the Trial Court convicted the appellant for commission of offence punishable under section 302 of Indian Penal Code and sentenced to undergo Life Imprisonment and fine of Rs. 5000/-, with default stipulation.

2. The facts necessary to be stated for disposal of the instant appeal are that on 4-10-2006 Dr. M. K. Jain (PW-2), who was posted and on duty in District Hospital, Vidisha, had informed vide Ex.P/5 that on the said date at about 3.45 pm deceased Kusumbai had been brought dead by her husband Babulal (appellant). On this information merg report was registered at Merg No. 65/2006 and after investigation and recording statements of the witnesses it was found that the present appellant Babulal @ Pattu had committed murder of his wife Kusumbai and, therefore, FIR (Ex.P/22) was registered at Crime No. 708/2006 by Police Station Kotwali, District Vidisha for the offences punishable under sections 302, 498-A of Indian Penal Code. It was gathered