S.C. Das, J.

1. This criminal appeal under Section 374 of the Criminal Procedure Code, 1973, is directed against the judgment and order of conviction and sentence, dated 03.05.2006 and 05.05.2006, respectively, passed, in Sessions Trial No. 98(WT/A) of 2005, by learned Sessions Judge, West Tripura, Agartala, whereby the learned Sessions Judge has held the appellant guilty of committing an offence punishable under Section 302 of IPC and, accordingly, convicted and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 1,000/- and, in default, to suffer rigorous imprisonment six months. We have heard Mr. R. Datta, learned counsel for the appellant, and Mr. D. Sarkar, learned Public Prosecutor for the State respondent.

2. Facts of the case, in short, are as under:

(i) On 10.04.2005, at about 6.30 am, accused Tapash Sarkar, accompanied by his two minor daughters, namely, Kumari Trimon Sarkar(12 years) and Kumari Amrika Sarkar(8 years), arrived at Amtali RS. and reported to the officer, on duty, that he married Dipti Sen (Sarkar), D/O Manmohan Sen of Village-Andhiyacherra, RS. Pecharthal, District- North Tripura, in the year 1993 and, thereafter, they lived and cohabited as husband and wife, his wife was aged about 28 years at that time, they were blessed with two daughters- the elder one, Trimon, was reading in Class-VI and the younger one, Amrika, was reading in Class-II and that after marriage, they used to live at different places as tenant and, in the year 2000, they constructed their own house at Laxmancherra and started living there. Since after they started living in their house at Laxmancherra, his wife often used to go out of the room during night time and he suspected the character of his wife. On the intervening night of 09.04.2005 and 10.04.2005, after taking dinner, they went to bed and fell asleep. At about 12 O'clock, his wife went out of the room and returned after about half an- hour. Again, at about half-past-two, his wife went out of the room and returned at about 3 O'clock. He charged his wife that she had committed vile act on going outside and, then, returned home. On that issue, a quarrel started and it reached its peak. At that time, he took out an axe, which was kept below the 'Madia' (a bamboo made platform) of his room and dealt a blow on the head of his wife, Dipti, and as a result, Dipti received fatal injury and died on the spot It was about 3.15 am, when the incident of assault had occurred.

(ii) Sub-Inspector, Milan Chandra Datta (PW. 13), the police officer on duty, recorded the statement of the accused as First Information Report and Sub-Inspector, Manindra Ghosh (PW. 14) was entrusted with the investigation of the case.

(iii) On taking the charge of investigation, SI Manindra Ghosh(PW. 14) arrested the accused on the basis of what the accused had himself disclosed and, thereafter, along with the accused and his two said minor daughters, left for the place of occurrence i.e. the house of the accused at Laxmancherra. Door of the hut was found closed, but not bolted from inside and the accused opened the door. In the meantime, many villagers had reached the spot and they had found deceased Dipti Sarkar lying dead on the floor of the hut. The accused, in front of the gathered villagers, confessed that he had killed his wife by striking a blow on her head with an axe. The police officer prepared, in presence of witnesses, inquest report over the dead body of deceased Dipti. The accused took out a blood stained axe from the room and it was seized in presence of witnesses. Blood stained napkin of the accused, which he was wearing at the time of the occurrence, and the blood stained pillow, were also seized. Dead body of the deceased was sent to the morgue with a requisition for post-mortem examination and Dr. Jayanta Sankar Chakraborty (PW. 6) conducted post-mortem examination over the said dead body. The investigating officer examined all material witnesses including the two minor da