Aftab Hussain Saikia, J.

1. Heard Mr. P.K. Tiwari, learned Counsel appearing for the appellant and Mr. B. Banerjee, learned PP representing the State of Arunachal Pradesh.

2. The conviction of the appellants under Section 302 IPC and sentence to undergo rigorous imprisonment for life with a fine of Rs. 5000/- in default of which to undergo further rigorous imprisonment for 6 months rigorous imprisonment so handed down by the learned Additional Sessions Judge, First Track Court, Basar, Arunachal Pradesh in BSR/SESS No. 463/2005 have been assailed in this Criminal Appeal.

2(a). The prosecution case in brief is that one Tajin Dui, P.W. 9 lodged a written complaint without a date with the Officer-in-Charge of Daporijo Police Station alleging that his sister Smti Yado Sorum (hereinafter referred to as "the deceased") was killed by her husband Sri Talar Sorum, the appellant with a dao near at IFCD Office Daporijo on 14.6.2000 at about 1420 hrs.

3. The Police on completion of the investigation submitted charge-sheet against the accused appellant under Section 302 I.P.C. During the trial the prosecution examined as many as 10 witnesses when defence examined 1 (one) i.e. Larto Sorum. The appellant was also examined under Section 313 Cr.P.C.

3.(a). Admittedly there was no eye witness to prove the incident of killing of his wife by the appellant.

4. The learned Judge have closely appreciated the material evidence on record including oral as well as documentary evidence and those exhibits basically Exbt. 2, seizure list and Exbt. 3 with Exbt. 7 the Forensic Laboratory Report and also upon hearing the learned Counsel for the parties, found the appellant guilty of the offence of killing his wife the deceased and accordingly convicted and sentenced him as already indicated above. Hence this Criminal Appeal along with Criminal Reference.

5. P.W.7 the Doctor who conducted the autopsy of the dead body of the deceased found the following injuries as revealed by him in his evidence:

1. External Appearance

i) Neck-1 cut injury size 16 cm x 3 cm. (2) 5 cm x 2 cm.

ii) Head (1) Fronted region cut injury of size 8 cm x 1cm. Bone is also cut.

(2) Left side of the head 6cm x 1cm. Bone is also cut.

(3) Left side-6 cm x 1cm and bone is also cut.

(4) Rt side-3 cm x 1cm sharp cut.

(5) Middle of the head cut injury of size 5 cm x 1cm.

iii) Back (1) Loin region 18cm x 4cm deep cut. (2) Middle of back 6cm x 1.5cm cut injury.

iv) Right Arm - Forearm exterior side 5cm x 3cm cut injury Hand dorsal aspect 7 cm x 0.3 cm. Amputation of Ring finger.

v) Left Arm Left Arm

Ring finger 4 cm x 1 cm cut injury.

Thumb finger 2 cm x 2cm.

Dorsal aspect of palm 3 cm x 1 cm.

2. Cratium and Spinal Canal

i) Sckalp skull, verebrane Fracture of skull as described vertebrae not examined.

ii) Membranes = Congested.

iii) Brain and spinal Cord-1. Brain Congested, 2. Spinal Cord not examined.

Sd/- Addl. Sessions Judge,

(FTC),Basar,Wet Siang

Dist. (A.P.)

3. THORAY

1. Walls, Hibs and Cartilases-Healthy

2. Pleuvae Healthy

3. Larynx and tracheae-Healthy

4. Right and Left Lung-Healthy

5. Pevicardium, Hearth and vessels-All healthy.

4. ABDOMEN

1. Walls peritorium, mouth, pharynx, oesophagus-All healthy.

2. Stomach and its contents-contains partially digested food materials.

3. Small intestine and its contents - healthy and contains fluiday materials.

4. Large intestine and its contents healthy and contains faces.

5. Liver, spleen, kidneys, bladder and organs at generation external internal-All healthy.

5. MUSCLES? BONS AND JOINTS.

1. Injury-Already stated under the heading of the external appearance.

2. Decese of deforming - NIL

3. Practur-Already stated under the heading of the external injury.

4. Dislocation-NIL.

6. In his opinion the doctor stated that the death was due to shock and haemorrhage which resulted from injuries caused due to cutting of sharp instruments.

6.(a). In the background of the above injuries so found on the person of the deceased, Mr. Tiwari, the learned Counsel representing the appellant has submitted tha