Somarajan, J.

1. The accused came up with this appeal against the judgment of conviction and order of sentence under Section 302 IPC, dated 16.09.2014, in Sessions Case No. 592/2013 of the IInd Additional Sessions Judge, Kozhikode.

2. The victim involved is the wife of accused. The alleged incident took place within the secrecy of the bedroom of accused and victim during the odd hours of night on 05.12.2012. Some of the children of victim and accused were present in the said house. Two married daughters, PW4 Asheeba and Afsath were present in the said house besides PW1, the son of deceased, PW2, another daughter of the deceased and the mother of the deceased. On that night by 11.00 p.m. all of them went to their respective bedrooms. By 1.30 a.m. PW2 woke up. While she was on her way to bathroom, she found the bedroom of accused and deceased lying open. The electric light in the bedroom was burning, besides the light at the central hall and verandah. The front door of the house was also lying opened. PW2 entered into the bedroom of accused and deceased and saw the deceased lying on the bed. Her dress was in a lifted condition. There was bleeding from her nose. The dress worn by the deceased was found to be not in position. Seeing this, PW2 cried aloud and screamed. PW1 and PW4 rushed to the bedroom, on hearing the screaming.

3. By 3.30 a.m. on 06.12.2012, PW1 went to the police station and gave Exhibit P1 FIS before PW15, based on which Exhibit P1(a) FIR was registered. PW16 conducted the investigation. The accused was arrested under Exhibit P13 arrest memo. Inquest on the body of the deceased was conducted by PW16 and prepared Exhibit P11 inquest report. MO2 maxi worn by the deceased, MO3 series of pillow covers found in the bedroom of the deceased and MO4 bed-sheet found on the body of the deceased were seized. Exhibit P2 letter kept under the bed of the deceased and Exhibit P4 diary kept in the bedroom of the deceased were also seized by PW16. At the time of inquest, PW16 applied cellaphone tape on the ligature mark on the neck as well as on the hands of the deceased and collected evidence. Post mortem examination on the body of the deceased was conducted by PW8. The post mortem findings are as follows:-

“1. Contusion 2x0.5x0.3cm on either sides of frenulum of lower lip.

2. Contusion 2x1.5x1cm front of tip of right shoulder.

3. Linear scratch abrasion, vertical 12 cm long, back of left arm 7cm above elbow.

4. Linear scratch abrasion, vertical 2.5cm long, on back of tip of right shoulder.

5. Ligature mark was a pressure abrasion transversely placed on neck, on right side 7.5cm below root of ear (0.8cm wide) coursed to right side of neck reached 4cm below right angle of jaw (0.8cm wide) on front 5cm behind tip of chin (1cm wide) and 10cm above the root of neck, further coursed to left side of neck reaching 4cm below left angle of jaw (1cm wide) then coursed indistinctly to left side of neck. On right side the ligature mark continued to back of neck, transversely reaching 7cm below occiput (0.8cm wide) and reached left side of neck merging with undistinct portion 7.5cm below root of left ear. The following scratch abrasions found on right side of neck. –

(a) Scratch abrasion, vertical reaching mastoid from ligature mark, 7cm right of midline.

(b) Another vertical scratch abrasion 2.5cm long 9cm right to midline from upper portion of ligature mark.

(c) There was a transverse scratch abrasion 1.2cm on right side of neck 9cm outer to midline and 0.5cm below the ligature mark. Flap dissection neck done under bloodless field showed infiltration correspondingly under neck ligature mark on soft tissues of neck. Hyoid muscles and blood vessels were intact. Thyroid showed only left lobe (other parts removed during old surgery).

6. Contusion 1x1.5x0.5cm on back of left side of neck, 3cm outer to midline, 4cm above top of shoulder.

7. Contusion 1x1x1cm on the outer aspect and front of left thigh 6cm above knee.

8. Linear vertical scratch (wit