P.K. Musahary, J.

1. There was an amorous affair before the marriage. It turned allegedly sore just after the marriage. Dipak Deb Barma, the accused-Appellant and Chhaya Rani Das (Deceased) spent about 15 years conjugal life with one daughter, Miss Tinna, fondly called Rupa, who was reading in Class-Ill till the alleged incident took place in the evening of 22.01.2002. Chhaya Rani Das was found lying dead in the type-II govt, quarter situated at Kunjaban Township of the Capital Town Agartala on 23.01.2002. The first informant, Shri Sanjay Das, the brother-in-law of the deceased having been informed about the incident by the police over mobile phone, rushed to the place of occurrence. Her husband Dipak was not around. Sanjay lodged a written FIR on 23.01.2002 with the Officer-in-charge, East Agartala Rs. naming Dipak Debbarma as the perpetrator alleging that he left the quarter and fled away after killing his wife. In the FIR, it was further alleged that after the marriage, Dipak used to torture Chhaya physically every day on different pretext and often threatened to kill her, which was disclosed to the informant by Chhaya herself before her death and her daughter Rupa. Based on this FIR, a crime being East Agartala P.s. Case No. 14 of 2002 was registered under Section 302 IPC.

2. The prosecution tells its story as under:

Miss Tinna, daughter of the accused-Appellant and deceased, was studying in an English medium school at Champaknagar. In the evening of 22.01.2002, the accused Dipak Debbarma, his wife, his daughter Tinna, P W-5 Aruna Tripura and her daughter went to Champaknagar for leaving Tinna and daughter of PW-5 in the hostel. They returned home in the evening. Thereafter, on that night at about 10.00 P.M. Dipak was arrested by police from nearby area of a motor stand for alleged commission of offence punishable Under Section 290 IPC. He was produced before the Court on the following day i.e. 23.01.2002 wherefrom he was enlarged on bail. On 23.01.2002 one of the neighbours of the accused Dipak Debbarma went to GB. Police out post and informed the O.C. of the outpost that the quarter No. 103 of the Kunjaban township was found to be bolted from the outside and light was burning inside but neighbouring people did not hear any sound from inside. So they suspected something wrong and informed the police about the same. Sri Samir Kr. Deb, O.C, GB. Police outpost went to the quarter No. 103 along with staff and came to learn that the quarter belonged to the accused Dipak Debbarma. After reaching the quarter at about 12.20 hours, the O.C. pushed the door and found that the door was not bolted. Inside the room he found the dead body of a woman and came to learn that it was the dead body of the wife of the accused Dipak Debbarma. He tried to trace out Dipak Debbarma, but failed to trace him out. He found bleeding in-juries on the head of the deceased and also saw an iron rod, one glass from which smell of alcohol was coming and a bowl made of steel which contained some quantity offish curry. Getting the information of death of Chhaya Das, PW-1 who is the husband of Chhaya's sister rushed to the quarter of Dipak along with P W-3. This PW-1 lodged an ejahar to the I/C GB, T.O.P, who was present at that time in the quarter, on the basis of which East Agartala P.S. Case No. 14/2002 under Section 302 of the Indian Penal Code was registered.

Post Mortem on the dead body of Chhaya Das was held and it was cremated on 24.01.2002. Dipak Debbarma although was released on bail by the Court on 23.01.2002, did neither visit his quarter nor the hospital where post mortem examination on the dead body of his wife was held. Nor did he attend the cremation of his wife Chhaya Das. It is alleged that just after the death of Chhaya Das, Dipak was found absconding and police failed to arrest him in spite of repeated raids. However, only on 08.02.2002 police managed to arrest him from Gurchabasti area. The police on completion of investigation and h