SANJAY KUMAR, J.

The sole appellant stands convicted under Section 302 I.P.C. for having caused homicidal death of his wife and has been sentenced to undergo R.I. for life and a fine of Rs. 10,000/- having default clause by the judgment dated 05.08.2016 and order of conviction dated 08.08.2016 passed by learned Additional Sessions Judge, Araria in Sessions Trial No. 178 of 2008.

2. P.W.-8 being father of the victim lodged the fardbeyan on 23.01.2006 at 11.30 hrs at his house recorded by Sri R.N. Singh, A.S.I. Bhargama Police Station alleging that he got the deceased married with the appellant 4-5 years ago. They were living happily. A son was born to them. Only a month prior to the occurrence, the appellant along with his wife started living with the informant. A few days prior to the occurrence, a quarrel had taken place when the appellant insisted for disposal of the cycle kept at the Sasural which was objected by the deceased as well as the informant (P.W.-8). The prosecution case further is that on the night of 22.01.2006, the informant came from outside and his another daughter (P.W.-9) went into the room occupied by the victim for getting meal for her father. The food stuff was taken out by the victim which was served to the father of P.W.-9. Thereafter, the husband (appellant) and wife (victim) slept in the room with the small child whereas the other family members slept outside in the courtyard. The following morning, P.W.-9 went into the room of the victim to find that she was lying dead. A cloth was stuffed into her mouth and her neck was stabbed from right to left at two places by knife which was also lying nearby. Having seen the dead body of her sister, she raised alarm and attracted the other witnesses whereafter the Police was informed and the fardbeyan was recorded in the Courtyard of the house. The appellant and the small child of the victim were, however, not found around. The first investigating officer (not produced at the trial) made the preliminary investigation. The inquest report of the victim was prepared in presence of P.W.-2 who proved his signature there over (Ext.1/1). In course of investigation, the appellant was caught in the nearby bazaar called Jadia sleeping in a gumti with his small child. The dead body was dispatched for post mortem. The statement of the witnesses were recorded and having found the accusations true against the appellant, the charge-sheet was led whereon cognizance was taken and the case was later committed to the Court of Sessions. P.W.-10 is the second investigating officer of the case who submitted the charge-sheet. The learned Trial Court framed the charges against the appellant which was read over and explained to him. He abjured the guilt and claimed to be tried. The defence of the accused-appellant was denial of the charge and his false implication.

3. In order to establish the accusations/charge levelled against the appellant, the prosecution, in all, examined 12 prosecution witnesses. Upon conclusion of the evidence, the statement of the appellant was recorded under Section 313 Cr.P.C. wherein again he pleaded his innocence. On careful scrutiny of the evidence produced by the prosecution, the learned Trial Court found cogent and reliable evidence available on record showing the guilt of the appellant and accordingly, he was held guilty and sentenced in the manner stated above.

4. We have heard Mr. Vikramdeo Singh, Counsel for the appellant assisted by Md. Nafisuzzoha and Mr. Satya Narayan Prasad, APP for the State.

5. Before we notice rival pleadings made at the Bar, it is pertinent to note that the homicidal death of the victim is a fact which has not seriously been disputed by the defence. P.W.-12 (Dr. Rajesh Kumar) held autopsy on the cadaver on 23.01.2006 at the Sub-Divisional hospital, Araria where he was posted as the Medical Officer and found the following ante-mortem injuries:-

“External

I. One cut wound of size 2” X ½” X 1” on the anterior part of the nec