JUDGMENT

S. Muralidhar, J.

Introduction

1. This is an appeal directed against the judgment dated 21st October 2013 passed by learned Additional Sessions Judge, Dwarka Courts, New Delhi in Sessions Case No.2/2013 arising out of FIR No. 212/2012 registered at Police Station (`PS') Chhawla convicting the Appellant for the offences under Sections 302 and 201 IPC.

2. This appeal is also against the order on sentence dated 30th October 2013 whereby the Appellant was sentenced to undergo rigorous imprisonment (`RI') for life with a fine of Rs.10,000/-, and in default of payment of fine to undergo simple imprisonment (`SI') for six months for the offence under Section 302 IPC; and to undergo RI for three years with a fine of Rs.3,000/-, and in default to undergo SI for two months for the offence under Section 201 IPC. The sentences were directed to run concurrently.

3. It must be noted at the outset that the Appellant was charged with the offences under Sections 498 A IPC and 304 B IPC but acquitted of those offences by the trial Court. The charge against him under Section 302 IPC for having committed the murder of his wife Shama (the deceased) by smothering on 20th September 2012 at an unknown time in their house at House No. 217, near Harijan Chaupal, Deen Pur Village, New Delhi was an alternative charge. The Appellant was also charged with causing the evidence of the commission of the offence to disappear thereby attracting the offence punishable under Section 201 IPC.

The case of the prosecution

4. A call was received at the Police Control Room (`PCR') at 5:18 am on 20th September 2012 from Suresh Kumar (PW-1), brother of the Appellant, regarding a theft having taken place in their residence. The PCR form (Ex.PW16/A) records that the PCR team reached the place at 5:38 am where they found the dead body of the deceased and household articles lying scattered around. The occupants of the house feigned ignorance of what had happened. An ambulance was called there to take away the deceased.

5. The family members informed the police that they were asleep when they found the Appellant with his hands and feet tied with tape and a lady was found dead and blood was coming out from her mouth. At 6:36 am there is an entry in the right column of the PCR form to the effect that the brother of the husband of the deceased informed the police that they found his sister-in-law dead on the bed. There is another noting to the effect that the husband of the deceased, the Appellant herein, did not saying anything. The brother of the Appellant however told the police that chilli powder was thrown into the eyes of both the deceased and Appellant.

Medical evidence

6. It appears that the Appellant himself was also taken for medical examination, apart from the deceased. His MLC (Ex. PW-6/B) reveals that he was brought to the Rao Tula Ram Memorial Hospital, Jaffar Pur, New Delhi at 7:34 am at 20th September 2012, where he was examined by Dr. Satish Chandra Yadav (PW-6). He did not find any external injury on the body of the Appellant. He however called the eye specialist since chilli powder was mentioned in the case but no injury was found in the eyes of the Appellant by the eye specialist. The eye specialist Dr. Rahul Shah (PW-7) also found chilli powder present in the face but no congestion/redness in the eyes.

7. The post mortem of the deceased was performed by Dr. Parvinder Singh (PW-9) at 11:30 am on 21st September 2012. He found as many as 10 external injuries. In his opinion the cause of death was "due to asphyxia following ante mortem smothering". There was no cross examination of this doctor. Consequently, the prosecution was able to prove that the death of the deceased was homicidal.

Investigation

8. It appears that the 31/2 year old child of the Appellant and the deceased spoke to the police on the date of the incident itself i.e. 20th September 2012. According to the Investigating Officer (`IO') Insp. Harender Singh (PW-26), when h