The Judgment of the Court was delivered by V. K. Mohanan, J.

1. The appellant who is undergoing incarceration in pursuance of judgment dated 30/01/2009 in SC No. 603/06 of the Court of Sessions, Palakkad, has come in appeal challenging his conviction and sentence imposed by the Court below for the offence under S.302 of IPC.

2. The prosecution case is that, while the accused, who was the husband of the deceased Asya, was residing along with his wife and one daughter in the house bearing door No. XII / 562 (New No. VI / 422) of Cherplassery Grama Panchayat situated at Four cent colony at Manjakkal in Cherplassery Village, out of suspicion that his wife had illicit affair with other men, with the intention to cause her death, strangled her to death with a cloth in their house at about 1 p.m. on 04/03/2005, and thus the accused had committed the offence punishable under S.302 of IPC.

3. The investigating machinery, according to the prosecution, was set emotion by registering Crime No. 122/05 of Cherplassery Police Station for the offence under S.302 of IPC on giving the FIS by one Showkathali who was examined as PW 4.

4. Thus, consequent to the registration of the above crime, the investigation was undertaken by the then CI, Cherplassery, on 04/03/2005. Accordingly, he proceeded to the place of occurrence accompanied by Scientific Assistant, Tester Inspector, and the department photographer and he prepared inquest on the dead body of deceased Asya. He had also seized MO 1 Maxi, MO 15 underskirt, MO 14 brassier, and MO 11 scarf (muftha) from the body of the deceased as per Ext. P1 inquest. He had also seized a piece of cloth, identified as MO 12, which was found on the south - west corner of verandah on the eastern side of the room where the crime occurred. As per Ext. P1 inquest report, the said Investigating Officer has also seized two hairs from the occurrence room, a piece of rexin smeared with blood were found on the floor near to the left leg of the deceased, the cellophane tape pressings of both the hands and around the neck of the deceased by using cellophane etc. (MO 13) were taken and produced by PW 16 in a cover. The packets containing cellophane prints are marked as MOs. 8, 5, 10 and 9. Thereafter, according to the Investigating Officer, he sent the body of the deceased for postmortem examination to the District Hospital at Palakkad. He also prepared the scene mahazar in the presence of witnesses. He had also arrested the accused who surrendered in the Cherplassery Police Station at about 7.30 p.m. on the same day and he was subjected to interrogation and his statement was also recorded. According to the Investigating Officer, at the time of arrest of the accused, he had produced his dresses stating that, the same were worn by him at the time of the occurrence and the same were seized after providing cloths for changing the same. The dresses thus seized are MO 2 pants and MO 3 shirt and the same were seized by preparing a mahazar. On the arrest of the accused, he had obtained the cellophane print of both the hands of the accused by using cellophane and the said prints were seized by preparing a mahazar in the presence of witnesses. According to him, he reached the place of occurrence, on the next day of the arrest of the accused, i.e., 05/03/2005 and collected evidence and thereafter the accused was produced before the doctor who was examined as PW 8 for the purpose of taking the scalp hair, body hair and pubic hair of the accused, and accordingly PW 8 took the same and produced before the CI in a cover and the said cover was also seized through mahazar. Thereafter he produced the accused as well as the material objects before the Court. He had also furnished a report before the Court showing the full address of the accused. As per the mahazar, he had also seized the scalp hair, pubic hair and nail clippings of the deceased Asya produced by PW 7 on 08/03/2005. During his investigation, he had questi