JUDGMENT :

Ramesh Sinha, J.

1. This criminal appeal filed by the appellant-accused under Section 374(2) of CrPC is directed against the impugned judgment of conviction and order of sentence dated 30.06.2014, passed by the learned Additional Sessions Judge, Kunkuri, District Jashpur, Sessions Trial No.69/2013, whereby the appellant-accused has been convicted for offence under Section 302 of the IPC and sentenced to undergo rigorous imprisonment for life and further sentenced to fine of Rs.25,000/-, in default of payment of fine, to further undergo rigorous imprisonment for one year.

2. The prosecution case, as per the First Information Report (for short, the FIR) (Exhibit P/1) lodged by Jagdish Prasad Agrawal (PW-1) on 09.06.2013 at 7.30 a.m. at Police Station, Patthalgaon, is to the effect that he is the resident of Ambikapur Road, Patthalgaon. He owns a rice mill and after having his dinner, he was sleeping in his house. Arun @ Sonu Agrawal was his nephew in relation and was married to Poonam Agrawal of Prem Nagar ten years ago. At about 2 a.m., he received a phone call from the father of the appellant namely Anand Swaroop who informed him that some thieves had entered their house and had stabbed his daughter-in-law Poonam Agrawal. Upon such phone call, he alongwith his son Vikas Agrawal went to the house of Anand Swaroop and by the time they reached their house, Poonam was brought down from the first floor and blood was oozing out of her chest. She was immediately taken to the Government Hospital, Patthalgaon by Vikas and the appellant. Later, the informant came to know that Poonam had expired. Poonam died because of stabbing in her chest by some sharp weapon.

3. Merg intimation (Exhibit P/2) was recorded on 09.06.2013 at 08.25 a.m. and inquest report (Exhibit P/3) was also prepared on the same day. Nazri Naksha (Exhibit P/6) was prepared by Patwari Madan Ram Bhagat (PW-3) on 19.07.2013. On 09.06.2013 at 10 a.m., vide Exhibit P/11, pieces of blood stained cement flooring, plain cement flooring, one blood stained steel knife with wooden handle total length 19.5 cm, length of blade 10 cm, pieces of one blood stained bed sheet, one piece of blood stained cushion cover, one piece of blood stained door mat made out of a Saree, one blood stained fiber switch board 11”X9”, one blood stained plastic pipe measuring 7½ meters and one blood stained hair clipper made of steel and plastic, were seized from the place of incident by the Investigating Officer (for short, the IO) J.P.Singh (PW-11) in presence of the witnesses namely Ramesh Kumar (PW-6)and Rajeev Kumar Agrawal (PW-9). On 10.06.2013 at 1:00 p.m., one blood stained cotton lining check mark undergarments, one white half Baniyan which had blood stains on it, were seized by the IO in presence of the same witnesses. Similarly, on 22.06.2013, at 5:10 p.m., the bra, petticoat, blouse, undergarment and necklace of the deceased was seized in different sealed packets vide Exhibit P/16.

4. The seized articles were sent to the Forensic Science Laboratory, Raipur, for its examination on 27.06.2013 vide Exhibit P/19 by the Superintendent of Police, Jashpur. A reminder letter was again sent on 23.07.2013 to the FSL, Raipur, seeking for the report.

5. After examination of the seized articles, the FSL report was prepared on 06.08.2013 vide Exhibit P/21 which disclosed that Articles B, C, D, E, F, G, H, J, K, L, M, N, O and P had human blood on it. Articles C, E, G, H, J, K, O had the blood of ‘A’ group. The blood group on other Exhibits i.e. I, L, N, P, B, D, F, and M could not be ascertained because of various reasons.

6. Poonam Agrawal is the deceased in the present case. Her post mortem examination was conducted on 09.06.2013 at 02:00 p.m. by Dr. A.S.Thakur, Medical Officer, C.H.C. Patthalgaon which is marked as Exhibit P/8. The doctor found the following ante mortem injuries on the body of the deceased which are as under:

Cut fracture left 6th costal cartilage.

Incised wound on mid sternum with st