(Per A.S. GADKARI, J.):

1. The appellant, original accused, has questioned the correctness of his conviction and sentence by the present appeal, challenging the judgment and order dated 20th December 2011 passed by the learned Additional Sessions Judge, Palghar, in Sessions Case No. 69 of 2010 thereby convicting the appellant for an offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/, in default of payment of fine to suffer simple imprisonment for three months.

2. The facts which can be enumerated from the record, may briefly be stated thus:

(i) PW-6 Shri Hemantkumar Patil, the Police Sub-Inspector, on 20.6.2010 was attached to Boisar Police Station, District-Thane. On 20.6.2010, PW-2 Sakubai Ghatal came to the police station and informed PW6 P.S.I. Shri Patil about the death of her daughter. PW2 Sakubai informed the police officer that Smt. Rasu was her daughter. That Smt. Rasu was married to the appellant and had one son out of the said wedlock. Smt. Rasu was residing in the neitghbourhood of PW2 Sakubai. PW2 Sakubai informed PW6, the Investigating Officer, that when she went at the house of her daughter to bring the pot, Smt. Rasu was found sleeping. When PW2 Sakubai touched her, she found her to be dead. She also found that there were no clothes on her person and therefore Sakubai put a knicker on the person of Smt. Rasu. PW2 Sakubai started weeping and therefore people gathered there. PW2 Sakubai found a rope lying beneath the dead body of Smt. Rasu.

(ii) PW6 P.S.I. Shri Hemantkumar Patil recorded the complaint of PW2 Sakubai and took her thumb impression on the same. The said complaint i.e. first information report is at Exhibit 13. PW6 Police Sub Inspector Shri Patil thereafter started investigation. PW6 Police Sub Inspector Shri Patil visited the spot and prepared the inquest panchanama and spot panchanama which are at Exhibits 9 and 10 respectively. Shri Patil also seized nylon rope which was lying at the spot. He sent the dead body for conducting postmortem examination. Investigating Officer Shri Patil, during the course of investigation, recorded the statements of the witnesses. He arrested the Appellant after effecting the arrest panchanama which is at Exhibit 21. The seized articles were sent to the Chemical Analyzer with a covering letter. The said covering letter is at Exhibit 22. Shri Patil thereafter collected the postmortem report and Chemical Analyzer's reports. The Chemical Analyzer's reports are at Exhibits.

(iii) After completion of the investigation, PW6 Police Sub Inspector Shri Patil submitted chargesheet in the Court of Judicial Magistrate First Class, Palghar. The Judicial Magistrate First Class, Palghar committed the case, to the Court of Sessions, as the offence punishable under Section 302 of the Indian Penal Code was exclusively triable by the Court of Sessions. After committal of the said case, the learned Trial Court framed charge below Exhibit 5. The said charge was read over and explained to the appellant, to which he pleaded not guilty and claimed to be tried. The defence of the appellant is of total denial.

(iv) The learned Trial Court, after recording the evidence and after hearing the parties to the said Sessions Case, has convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code by the impugned judgment and order dated 20th December 2011, as stated herein above.

3. Heard Ms. Rohini M. Dandekar, learned Counsel appointed for the appellant and Mrs. A.S. Pai, learned APP for the respondent-State. We have carefully scrutinized the record and also the impugned judgment and order passed by the Trial Court. The learned Counsel for the appellant has submitted before us that there is no evidence at all which would connect the appellant with the present crime. She has further submitted that when PW2 Sakubai went to the house of the appellant, the door of the said