R. K. Gauba, J. - (1.)Neelam, aged about 35 years, wife of the appellant herein, was indisputably living with him, and their children, in the first floor portion of property described as RZ-8K in Gali No. 4, Indira Park, Palam Road, New Delhi. Sometime during the night of 11th and 12th September, 2000, she sustained injuries in the consequence of which she died, the death having been discovered in the morning of 12.09.2000 and brought to notice of local police vide DD No. 10 A (Ex.PW-8/A). The matter was entrusted, for inquiry, to SI Rampal (PW-8) who accompanied by Constable Sabodh (PW-6) went to the place in question. They found the dead body lying in the said premises with some indication of struggle, this in the form of broken bangle pieces and blood stains.
(2.)Sangeeta (PW-1), five year old daughter of the deceased (and the appellant herein) was also present besides the appellant. The child (PW-1) was examined and her statement (PW-1/A), in question and answer form, was recorded, it revealing physical assault with a rolling pin (Bellan) by the appellant on the head of the deceased during the previous night, this having led to the injuries that proved fatal. PW-8 (the investigating officer) recorded his observations as to the scene of incident, by endorsement (Ex.PW-5/A), on the basis of which first information report (FIR) no. 830/2000 (Ex.PW-5/B) came to be registered at 9.50 a.m. on 12.09.2000.
(3.)The investigation into the aforesaid FIR culminated in a report under Section 173 of the Code of Criminal Procedure, (Cr.P.C.) being submitted on 23.11.2000. The appellant had been arrested in the course of investigation on 12.09.2000. He stood summoned and eventually put to trial in the court of sessions (vide sessions case no. 18/2000) on the charge for the offence under Section 302 of Indian Penal Code, 1860 (IPC).