P.V. Hardas, J.

1. The Appellant who stands convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.500/-, in default of which to undergo further rigorous imprisonment for two months by the Sessions Judge, Sindhudurg, Oros, dated 9 October 2007 in Sessions Case No.10 of 2007 by this Appeal questions the correctness of his conviction and sentence.

2. Facts in brief as are necessary for the decision of this Appeal may briefly be stated thus :

P.W.7 Kashiram Sawant a Police Patil of village Danoli and holding charge of the post of Police Patil of village Kesari, was informed by the Sarpanch of village Kesari on 14 November 2006 at about 10.00 a.m. about the death of the wife of the Appellant. P.W.7 Kashiram Sawant, accompanied by the Sarpanch of village Kesari went to the house of the Appellant and thereafter lodged his report at the police station.

3. P.W.11 Head Constable Santosh Gosavi who on 14 November 2006 was attached to Police Station, Sawantwadi, recorded the report of one Raghoji Bhagwan Sawant that wife of the Appellant had died. The said report was reduced into writing at Exhibit-17. On the basis of the said report, unnatural death of the deceased was registered. The unnatural death of the deceased was accordingly intimated to the Tahasildar, Sawantwadi and the Out-post at Amboli was directed to visit the scene of the incident i.e. the house of the Appellant.

4. P.W.12 Head Constable Laxman Naik who was on duty at the Outpost, Amboli received instructions from P.W.11 Head Constable Gosavi to visit the scene of the incident and to enquire into the unnatural death of wife of the Appellant. P.W.12 Head Constable Naik accordingly visited the scene of the incident and drew the scene of the incident Panchanama. In the middle room of the house, he noticed bloodstains on the wall and on the floor of the house of the accused. Pieces of bangles were also found in the kitchen and also at the rear portion of the house of the Appellant. A Panchanama was accordingly drawn in the presence of panchas at Exhibit-14. The pieces of bangles and sample of the bloodstains accordingly were seized under the said Panchanama. Samples of ordinary mud and blood mixed mud were also drawn and seized under the said Panchanama. Thereafter an inquest Panchanama of the dead body of the deceased was drawn at Exhibit-19. The dead body of the deceased Sarita was referred for postmortem examination. The Medical Officer performed postmortem and submitted the cause of death certificate. P.W.12 Head Constable Naik upon perusal of the documents came to the conclusion that deceased Sarita had died an homicidal death and accordingly lodged his report at Police Station, Sawantwadi at Exhibit-31.

5. P.W.17 Head Constable Mohan Chavan who on 15 November 2006 was attached to Police Station, Sawantwadi, scribed the report of Head Constable Naik at Exhibit-31. On the basis of the said report, he registered an offence vide Crime No.92 of 2006 under Section 302 of the Indian Penal Code against the Appellant. On the same day Police Constable Karpe produced the clothes of the deceased which came to be seized under seizure memo at Exhibit-10. Further investigation was thereafter handed over to P.W.19 P.I. Shantaram Rawlae.

6. P.W.19 P.I. Rawale who was attached to Sawantwadi Police Station was entrusted with the investigation of Crime No.92 of 2006. He arrested the Appellant under arrest Panchanama at Exhibit-12. Under the said Panchanama the clothes of the Appellant found on his person were seized. The said clothes are shirt–article 15 and pant–article 16. On the next day i.e. on 16 November 2006 he recorded the statements of witnesses. On 20 November 2006 the house of the Appellant was searched and two pieces of sticks found in the kitchen of the house of the Appellant were seized along with a piece of earing as well as silver toe ring. The said articles came to be seized under seizure