JUDGMENT :

Ramesh Sinha, J.

1. This criminal appeal preferred under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 22.12.2014 passed by the learned Additional Sessions Judge, Pratappur, District Surajpur in Sessions Case No.13/2013 by which the appellant has been convicted for offence under Sections 302 of the IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.500/-, in default, to further undergo rigorous imprisonment for fifteen days.

2. Case of the prosecution, in brief, is that one Bhrigunath (PW-3) (father of the accused-appellant) lodged merg intimation (Ex.P-7) on 16.7.2013 at about 11 a.m. in Police Station Pratappur that his younger son Shambhu Prajapati was married with Sharmila Devi (since deceased). After marriage, deceased Sharmila Devi stayed for two days at village Tukudand (Bhandarpara) and later on, she went to village Kon, Distt.Sonbhadra (UP) for examination and returned back after two months to village Tukudand in her matrimonial house. Thereafter again she went to her parental house and after residing there for 22 days, again she came to village Tukudand (Bhandarpara).

3. Later on, she again went to village Kon, Sonbhadra District (UP) and after sometime, she returned back to village Tukudand during the festival of Dashera. In the meanwhile, Jhulan (PW-17), father of deceased Sharmila, came to Tukudand in order to take Sharmila for receiving scholarship, which was granted to her. In the meanwhile, the family members of accused Shambhu Prajapati went to village Kon for several times, but she refused to come back along with them.

4. Lastly, on 10.07.2013, the Panchayat members of village Tukudand along with the accused and his father approached to village Kon in order to bring deceased Sharmila at Tukudand. After amicable settlement between both the parties, the Panchayat members returned back to village Tukudand and the accused stayed there for few days and came to village Tukudand on 15.07.2013 along with Sharmila. The allegation against the appellant herein is that on the date of incident, accused / appellant Shambhu Prajapati locked his room from outside leaving his wife Sharmila Devi in room and went away. On 16.07.2013 when the accused did not return back to his house, the villagers and neighbors broke the lock and found Sharmila dead in the room.

5. On the basis of merg intimation (Ex.P-7), FIR (Ex.P-8) has been registered against the appellant for offence under Section 302 of the IPC. Inquest was conducted over dead body of deceased Sharmila vide Ex.P-2. Nazari naksha was prepared vide Ex.P-6. Spot map was prepared by the investigating officer vide Ex.P-9. Bloodstains & plain soil, bamboo stick and axe were seized from the spot vide Ex.P-3 in presence of Rajkumar Soni and Devpratap. Bloodstains sari and blouse were also seized vide Ex.P-12. Dead body of deceased Sharmila Devi was sent for postmortem to Primary Health Center, Pratappur vide Ex.P-20, where Dr.A.K. Vishwakarma (PW-15) conducted postmortem over the body of the deceased vide Ex.P-13 and found following injuries:-

“The dead body was found supine in position. Head & neck smeared with blood. Neck cut down with bone just attached with post skin. Ornaments in ear, neck, leg, hand was present. She was put down Redsari, Red petticoat, Redblouse, white braw. Neck is severed down by sharp cutting & hard obj. whole body pale, both eye close. 10 cm x 5 cm H x V length of post skin whatever left behind. Rigor mortis present, lividity fixed on post aspect, a paper something written was found in right braw handed over to police, 3cmx0.5cmxskin deep 3 injury on frontal bone, whole teeth break down, Triangular injury 4 parietal (Ant) bone.”

After having careful postmortem examination, the doctor came to the conclusion that the cause of death was due to heamorrhagic shock and death was homicidal in nature. The appellant was arrested on 17.8.2013 vide Ex.P-17.

6. State