R.P. Sondur Baldota, J.

1. This appeal is directed against the judgment and order dated 29th March, 2010 read with order dated 19th April, 2010 passed by the Sessions Court, North Goa, convicting the appellant for the offences punishable under Sections 302 and 392 Indian Penal Code. For the offence under Section 302, the appellant has been sentenced to undergo life imprisonment and to pay fine of Rs.10,000/. For the offence punishable under Section 392, he has been sentenced to undergo the imprisonment for a term of five years and pay fine of Rs.5,000/. In default of payment of fines, he is ordered to undergo simple imprisonment for a period of six months and two months respectively.

2. On 18th November, 2007 at about 5.10 pm., Santosh s/o deceased Darshana complained to Pernem Police Station that on that day in the morning at about 9.30 hours, Darshana left the house for washing clothes at river/stream located at a distance of about half km. behind her house. At that time, the complainant and his brother were at home. Usually Darshana returned home after washing clothes in about half an hour. On that day, when she did not return till about 11 am., the complainant and his younger brother Sanil started searching for her. When they went to her usual place of washing of clothes, they found the bucket of soiled clothes on the steps of the river/stream without any trace of Darshana. Then husband of Darshana and neighbours also joined in the search. Later in the day, the complainant and his family learnt from the villagers that dead body of a woman was lying in the bushes on the bank of the stream at the place known as Devachi Panas, which is at a distance of about 100 to 150 mtrs. from Darshana's usual place for washing clothes. On rushing to the place, the complainant and his family identified the dead body as that of Darshana. They also found that gold Mangalsutra around her neck and two bangles (Patli) from her hands, which she used to wear regularly, were missing.

3. After locating of the body, the police drew inquest panchanama and panchanama of place of offence. Thereafter the body was sent for postmortem examination. The postmortem examination was conducted by PW7, Dr. Silvano Dias Sapeco. He found following external injuries on the dead body:

1. Red bruise of 8 x 5 cm. (on section it was 2 cm. Deep) was seen on left side of forehead and eye.

2. Red bruise of 2 and half x ¾ cm. (on section half cm. Deep) was seen on left ear pillna.

3. Red bruise of 2 x ¾ cm. (on section half cm. deep) was seen on right side of upper lip.

4. Red bruise of 2 ¼ x ¾ cm. On section ½ cm. Deep was seen on right side of lower lip.

5. Abrasion of 3 and half x 1/8 cm. With underline red bruise of 4x2 cm. (on section 4 cm. Deep) was seen on right side of neck just below sub mandibular region of jaw.

6. Red bruise of 6 x 2 cm. (on section 4 cm. Deep) was seen on left upper neck's outer aspect.

7.3 red bruises, each of 1 x ½ cm. And ½ to ¾ cm. Apart from each other (on section half cm. Deep) were seen at mid doxin of right palm.

The injuries on her face, head and brain were a result of blunt force impact by object or surface. The internal injuries corresponding to the external injuries no. 5 and 6 noted by P.W.7 were as follows :

“Neck has injuries no. 5 and 6. There is a fusion of blood measuring 4x2 cms. In the soft tissues at right sides of neck extending upto the right thyroid cartilage. There was a fusion of blood measuring 7 x 3 cms. Extending inwards into the soft tissues of left side neck upto the left thyrohyoid cartilage with fracture dislocation of the left superior horn of the thyroid cartilage. There was a fusion of blood seen within thyrohyoid membrane of both sides. There was extra vassation of blood within strapted muscles of neck at both sides. Petaechial haemorrages were present in the epiglottis. Blood stained muciod matter was present in the lumen to trachea and bronchii”.

On the basis of the external and internal