Prithviraj K. Chavan, J.

By this appeal, the appellant challenges his conviction under section 302 of the Indian Penal Code by which he is sentenced to undergo imprisonment for life and a fine of Rs. 10,000/-, in default of payment of fine to undergo simple imprisonment for six months for intentionally and knowingly causing the death of a lady on the intervening night of 10-7-2011 and 11-7-2011.

2. Facts, in brief, are as follows :-

The appellant is a resident of Sikkim. On the intervening night of 10-7- 2011 and 11-7-2011 he was last seen smoking, drinking and kissing deceased Poornima – a mentally challenged woman at KTC bus stand, Panaji. The appellant thereafter took the said lady in the bushes behind Sulabh Toilets and had sexual intercourse with her. It is alleged by the prosecution that the appellant thereafter killed the said lady by smothering. He was found coming out of the bushes with only an underwear on his person. The dead body of the deceased was found lying in the bushes in a fully naked condition. PW 7 Vijay Kumar Chodankar, who was attached to Police Station, Panaji as Police Sub Inspector held investigation into the crime. At about 2.09 hours he received a