JUDGMENT :

Parthivjyoti Saikia, J.

Heard Mr. A. Apang, learned Amicus Curiae appearing for the appellant. Also heard Mr. T. Ete, learned Addl. Public Prosecutor representing the State of Arunachal Pradesh.

2. Challenge in this appeal is to the judgment dated 21.08.2018 passed by the learned Sessions Judge, Tezu, East Sessions Division, Arunachal Pradesh in Sessions Case No.93/CLG/2014. By the impugned judgment, the trial court has convicted the appellant under Section 302 of the Indian Penal Code (IPC) and sentenced him to undergo rigorous imprisonment for life.

3. On 10.03.2014 at about 6 P.M., late Joshi Mura, aged about 40 years, went to the house of Smti. Rupa Mura in order to attend a religious function. That day, she did not return home. Next day, i.e. on 11.03.2014 at about 12 noon, Shri Amit Mura, the son of late Joshi Mura, discovered her dead body, which was lying in an agricultural field near Kusum Pathar Shiv Mandir. Amit Mura noticed that the dead body of his mother had some injuries also. Amit Mura came to know that his mother was returning home on the previous night along with the present appellant (Shri Gomia Mora) who hailed to the same village. The appellant was found missing.

4. That day, Amit Mura immediately lodged the FIR before police narrating the aforesaid facts. The dead body of the deceased was subjected to post mortem examination. The doctor found the following injuries upon the dead body-

“1. There was scalp haematoma on the left temporal region.

2. Bleedings from both the ears.

3. There was intra cranium haematoma over left temporal lobe.

4. Sub-dural haematoma over the temporal lobe.

5. Contusion on neck on both side and front measuring 7 cm X 3 cm.

6. Contusion over left shoulder joint.

7. Rigormortis fully developed and fixed.

8. Skin peeling off seen over left axilla (arms pit), right forearm, left iliac region (hip bone), right knee and left knee.

9. Haematoma on large intestine measuring 5 cm X 4 cm.

10. Bruise over left shoulder joint measuring 5 cm X 3 cm.”

The doctor opined that the death was due to subdural haematoma and intra-cerebral haematoma caused by blunt object on the head.

5. Police arrested the appellant on 03.06.2014. He gave a confessional statement under section 164 of the CrPC. His statement reads like this-

“On 10/03/2014 at about 2.30 PM I met my aunty Smti Late Joshi Mura in DOHA Party (Death Ceremony) at the residence of Shri Rupa Mura, village Dibrujan and after there for 10(ten) minutes we went out to the residence of Shri Binod in search of wine. There we got 1(one) bottle local made wine of GUR/RICE. We shared the wine and at around 8.25 pm we left for home. While going for home on way she asked me for Rs. 100/-to have wine. I refused to pay her and on refusal she slap me hard on my face. Out of raged (anger) by her slap and intoxication I pulled down her to the ground and then raped her. After the rape she said to tell it to villagers and public which irritates me more and I strangulated her to death by the white towel carried with her. Thereafter, I went to my sister’s house, Smti Lodhi, village Khoriajan.”

6. Finally, police filed the charge sheet against the appellant under Sections 376 and 302 of the IPC.

7. In order to prove the offences against the appellant, the prosecution examined 7 (seven) witnesses including the doctor who had conducted the post mortem examination and the police investigating officer. The appellant did not examine any witnesses.

8. On the basis of the evidence on record, the trial court arrived at the impugned finding.

9. We have carefully gone through the impugned judgment. We also considered the submissions made by the learned counsel of both sides.

10. The first witness to be examined is Smti. Pilki Mura. She knows the appellant as because at one point of time he used to reside in her village. She has stated in her evidence that on the day of occurrence, she was helping Rupa Mura in her house and the deceased was also helping Rupa Mura while solemnizing the