RAJA VIJAYARAGHAVAN, J.

1. The sole accused challenges his conviction for murder and house trespass to commit offense punishable with death. As per judgment dated 14.10.2010 in S.C.No.480 of 2004 on the file of the Additional District and Sessions Judge (Ad hoc-III), North Paravur, he has been sentenced to undergo rigorous imprisonment for life and to pay fine under S. 302 of the IPC with default sentence and also to undergo rigorous imprisonment for 10 years and fine with default sentence under S. 449 of the IPC.

2. Succinctly stated, the case of the prosecution is this:-

(a). The accused Lalu had illicit intimacy with Asha Anil, the deceased. There were also some financial transactions between the accused and the deceased. Disputes arose between them and the deceased refused to continue with the said relationship, and put an end to the financial transactions. The accused was having a grudge towards the deceased owing to the said fact. In pursuance thereon, on 15.11.2002 at about 7.15 pm, the accused, a barber by profession, entered the house of the deceased where she was residing with her family and thereafter, caught hold of her in front of the kitchen of the said house and after covering her mouth in order to silence her, slit her throat and also caused other injuries with a sharp shaving razor used by him for his avocation. As a result of the injury sustained, the deceased fell down on the floor and succumbed to the injuries as a result of heavy bleeding from the wound. On these allegations, the accused was charged for having committed the offences punishable under Section 449 and 302 IPC.

(b). PW 4, Dinesan, the immediate neighbour lodged the FI statement before the SI of police, Chengamanad police station at 9.30 pm on 15.11.2002. Ext.P13 FIR was registered at 9.30 pm under Section 449 and 302 IPC. On 16.11.2002 at 8 AM the CI of Police, Chengamanad police station took over the investigation. He prepared Ext.P3 inquest over the dead body of the deceased. No separate scene mahazar was prepared as the description of the scene was narrated in detail in Ext.P3 inquest. Portion of the shaving knife was found near the dead body and the same was seized. The clothes worn by the deceased and the sheet used for covering the dead body were seized. Thereafter, the body was handed over to PW20, for conducting autopsy. On 17.11.2002 at 3.00 pm the accused was arrested from near Aluva U.C College. Thereafter, based on the disclosure statement given by the accused, the clothes worn by the accused was seized as per Ext.P6 mahazar. Thereafter it is alleged that the accused had confessed about the concealment of the other portion of the knife and based on his disclosure statement, handle of the shaving knife was recovered from the banks of a nearby bathing ghat as per Ext.P7 mahazar. The accused was produced before Court and was remanded and after questioning the witnesses the investigation was completed and final report was filed before the Judicial Magistrate of First Class, Aluva.

3. The learned Magistrate initiated committal proceedings as C.P.No.20 of 2013 and after complying with the necessary formalities the case was committed to the Court of Sessions, Ernakulam, wherein the case was numbered as S.C.No.480 of 2004 and thereafter, the case was transferred to the Additional Sessions Court, North Paravur.

4. The accused who was on bail appeared before the Sessions Court on receipt of summons. After hearing both sides, formal charge was framed and when the same was read over to the accused and explained to him, he pleaded not guilty.

5. In order to prove the case of the prosecution, PWs 1 to 24 were examined and Exts.P1 to P17 and P17a were marked. MO1 series to MO7 were produced and identified. On the side of the defence, no oral evidence was adduced. The case diary contradiction was marked as Ext.D1 from the deposition of PW1.

6. The defense case as per the 313 statement of the accused is that he was not present in the place of occur