JUDGMENT G. S. AHLUWALIA, J. : – This Criminal Appeal under section 374 of Criminal Procedure Code has been filed against the judgment and sentence dated 15-1-2010 passed by 2nd Additional Sessions Judge, Dabra, Distt. Gwalior in Sessions Trial No. 57/2009, by which the appellant has been convicted under section 302 of INDIAN PENAL CODE and has been awarded Life Sentence and a fine of Rs. 500/-, with default imprisonment of 6 months R.I.

2. The prosecution story in short is that the appellant is the husband of the deceased Papitabai. He got married with her in the year 2002. The deceased was residing with the appellant in Ayodhya Colony, Jail Road, Dabra. In the morning of 16-12-2008, Sudama informed Atar Singh, the father of the deceased, that his daughter has expired, therefore, he should come immediately. Accordingly, Atar Singh, Rajvir Singh, Chandan and Bhupendra came to Dabra and found that the dead body of the deceased Papitabai was lying supine in the house of the appellant. Thereafter, Atar Singh lodged report in Police Station Dabra and accordingly, Merg No. 122/2008 under section 174 of Criminal Procedure Code was recorded. The statements of the witnesses were recorded