JUDGMENT :

Nelson Sailo, J.

Heard Mr. Johny L. Tochhawng, learned counsel for the appellant and Mr. C. Zoramchhana, learned Public Prosecutor for the State.

2. This is an appeal directed against the Judgment and Order dated 23.11.2020 passed by the Addl. District & Sessions Judge in SC No. 98/2014 arising out of Criminal Trial No. 1267/2014 convicting the appellant under Section 302 of the Indian Penal Code (IPC). The appeal is also directed against the Order of Sentence dated 25.11.2020 by which the appellant on being convicted under Section 302 IPC was sentenced to undergo life imprisonment and to pay fine of Rs. 50,000/-and in default, to undergo a further imprisonment of six months.

3. The case of the prosecution in brief is that the dead body of one Smt. Vanlalsiami (hereinafter referred to as the deceased) was found amongst the shrubs in Bawngkawn Brigade area on 04.07.2014 at around 9.00 am with her throat slit apparently by a sharp weapon. As a result, one Mr. Rosanga, who is the elder brother of the deceased, lodged an FIR before the Bawngkawn Police Station on 04.07.2014 and the same was registered as Bawngkawn PS case No. 134/2014 dated 04.07.2014 under Section 302 IPC. Following the registration of the case, the police conducted investigation and subsequently, filed the charge sheet against the appellant and his brother Sh. Vanlalchhuanga on 02.10.2014. Thereafter, charge under Section 302 IPC was filed against the two accused persons and to which, they pleaded to be not guilty and claimed for trial. As a result, trial against the two accused persons commenced.

4. During trial, the prosecution examined as many as 13 prosecution witnesses and the defence examined three defence witnesses. Upon completion of the examination of prosecution witnesses, the appellant and the co-accused were examined under Section 313 of the Code of Criminal Procedure, 1973 (CrPC). The reply given by the accused persons to the questions put to them were basically that of denial. Thereafter, upon hearing the rival parties, the learned Trial Court vide the impugned Judgment and Order dated 23.11.2020 and the Order of Sentence dated 25.11.2020 convicted and sentenced the appellant as already stated in the preceding paragraphs. As for the co-accused Sh. Vanlalchhuanga, he was acquitted from the charge by the Trial Court.

5. Mr. Johny L. Tochhawng, learned counsel submits that there was no witness to the alleged crime and that the appellant was convicted and sentenced under Section 302 IPC solely on the basis of circumstantial evidence. He submits that three articles were seized from the appellant viz; track pants, sneaker and his blood samples, which were marked as Exhibit-A, Exhibit-B and Exhibit-C respectively. The said articles were sent for forensic examination and upon such examination, it was found that Exhibit-A and Exhibit-B were found to have blood stains of human origin but the stains were insufficient for blood grouping. In so far as Exhibit-C was concerned, it was found to be of blood Group-B.

6. The learned counsel further submits that the articles seized from the co-accused were blood swab collected from his right foot, slipper, boxer shorts with blood stain, water suspected to contain blood, his blood sample and the blood sample of the deceased. The articles were all marked as Exhibits-A, B, C, D, E and F respectively. The exhibits were then sent for forensic examination and the result of the examination was that the stains from Exhibit-A and Exhibit-B were blood of human origin belonging to Group-A. No blood was detected from Exhibit-C but traces of blood was detected from Exhibit-D (water), but the same was too diluted for blood grouping. As for Exhibit-E and Exhibit-F, they both belonged to blood Group-A.

7. The learned counsel submits that the blood Group of the appellant is Group ‘B’ while the blood Group of the co-accused is blood Group ‘A’ and similar to the blood group of the deceased. Since the appellant and the co-accused live