Sanjay K. Agrawal, J

Appellant-accused was tried by the 2nd Additional Sessions Judge, Baloda Bazar, in Sessions Trial No.166/2001 (State of Chhattisgarh v. Maheshwar Kalar) for commission of offence punishable under Section 302 of the IPC and he was sentenced to undergo imprisonment for life and pay fine of Rs.500/-, in default of payment of fine to further undergo rigorous imprisonment of six months.

2. Feeling aggrieved & dissatisfied with the judgment of conviction and order of sentence recorded by the Additional Sessions Judge, appellant-accused has preferred this appeal before this Court under Section 374(2) of the CrPC.

3. The prosecution case as unfolded during the course of trial is as under: -

3.1 In the intervening night of 26/27-1-2001 at Village Sail, Police Station Kasdol at about 1.20 in the night, in the house of Ganesh Ram Jaiswal, his wife Guruwari Bai was murdered by strangulation.

3.2 Ganesh Ram Jaiswal (husband of the deceased) is a intellectually challenged person whereas his wife Gurubari Bai (since deceased) was also intellectually challenged woman but she was slightly stronger than her husband in understanding. Since both were intellectually challenged persons, therefore, to cultivate their agricultural land and out of earning from said land, maintain them and for that purpose they had kept in their house the present appellant, who is close relative of Ganesh Ram Jaiswal but Appellant-accused wanted the land of Ganesh Ram Jaiswal to be transferred to his name and in which he suspected that deceased Gurubari Bai had made an objection, pursuant to which accused Maheshwar was not maintaining the deceased properly and on account of which on 26.1.2001 she had complained to villagers namely Chowa Jaiswal and others that accused is not maintaining her properly and she was promised by the villagers to take decision on her complaint. In the morning of 27.01.2001, it was revealed that she has been murdered, upon which, Samarudas (PW-15)- Kotwar of the village had gone to the spot and seen the dead body of Guruwari Bai and while he was going to Kasdol Police Station for lodging First Information Report, appellant-accused Maheshwar met him, at that time, Bharat Lal Sahu (PW-5) was also with him and on enquiry, the accused made extra judicial confession to both of them that since Guruwari Bai used to abuse him and objected in getting his name mutated in the revenue records, he has murdered Gurubari Bai and then they have taken accused Maheshwar to Police Station Kasdol and FIR (Ex.P-12) was made by Samaru Das Manikpuri (PW-15) and merg intimation was also recorded vide Ex. P- 13 being merg intimation No.4/2001. Investigation was initiated and the Police got the post mortem conducted vide Ex.P-15 by Dr. Y.K. Sharma (PW-13).

3.3 Offence under Section 302 of the IPC was registered against the accused/appellant. Bangles and clothes were seized from the spot and it were sent for chemical examination and spot map was prepared.

3.4 The jurisdictional police after usual investigation, charge-sheeted the accused/appellant for the offence under Section 302 of the Indian Penal Code. During the course of trial, in order to bring home the offence, the prosecution has examined as many as 15 witnesses and brought on record documents Exs.P-1 to P-18A.

3.5 The accused/appellant abjured the guilt and entered into defence and has not examined any witness but filed two documents i.e. Exs. D- 1 & D-2 in support of his defence.

3.6 The accused appellant in his statement recorded under Section 313 of the CrPC, denied the incriminating evidence appearing against him and pleaded to be innocent.

3.7 Learned Additional Sessions Judge on appraisal of entire evidence on record held accused/appellant guilty of charge and convicted the accused under Section 302 of the IPC and sentenced him as mentioned in foregoing paragraphs.

4. Mrs. Indira Tripathi, learned counsel appearing for the appellant, would submit that the prosecution has failed to pro