Chander Bhusan Barowalia, J.

The present appeal is maintained by the appellant/accused/convict (hereinafter referred to as "the accused"), laying challenge to judgment dated 02.05.2016, passed by learned Additional Sessions Judge (II), Shimla, H.P., in Sessions Trial No. 40-S/7 of 2014, whereby the accused was convicted and sentenced for the commission of offence punishable under Section 302 of Indian Penal Code, 1860 (for short "IPC").

2. The factual matrix of the case, as per the prosecution, can tersely be summarized as under :

On 10.07.2014, at about 09:20 p.m., S.I./SHO Police Station, Jubbal, District Shimla, received information from Police Post Saraswati Nagar that a Nepali person killed Krishan Chand and also caused grievous hurt to his mother at Chajpur. Owing to said information a police team rushed to the spot of occurrence. On reaching the spot, the police recorded the statement of Smt. Nisha (complainant) under Section 154 Cr.P.C. Relevant excerpts of her statement, as also noted by the learned Trial Court, are as under :

"That she is resident of aforesaid address and is house wife and agriculturist by profession. She was married to Krishan Chand six years ago. She is having son four years old and residing with her parents-in-law. They owned an apple orchard. On this, her husband and Roshan Lal neighbour had gone to Nepal to bring Gorkha labour 10 days before. On dated 10.7.2014, her husband along with Gorkha labour had reached in the morning. Her husband, Nepali Gorkha, his wife, two elder daughters aged 15-16 years and three tiny toolers, one son and two daughters had reached. Two infants son and daughter are having mother feed. The Gorkha labour was allotted the room adjoining to their residential house. During day time the Nepali Gorkha had cut the wood with an Axe. At about 7:00 p.m. her father-in-law Sh. Mishru Ram had gone to Chikli. She along with her husband and mother-in-law were cooking meal inside the kitchen then at about 7:30 p.m., Gorkha labour called her husband and asked that electric bulb of the room is not working. Husband of the complainant had gone along with accused. After some interval she heard cries of the children and some noise. On this the mother-in-law Smt. Shobha came out side the kitchen and went to the veranda at once. She heard the noise of someone felling down in the veranda. She immediately came out side and found the accused Gorkha Nepali carrying Axe in his hand. Her husband was lying in the veranda. Her mother-in-law was also lying at the some distance at the veranda. On seeing the complainant, the accused after throwing the Axe alongwith his family members had absconded towards the forest. The complainant went to her husband and found that there were two deep cut injuries on his neck. There was profuse bleeding on the spot. She laid some clothes upon him. The mother-in-law of the complainant had also sustained injuries on her head. She was lying unconscious. She made an attempt to call her father-in-law. She could not place the call as she was frightened. She yelled and called her neighbour Pyare Lal Sharma on the spot, who informed the police and the local inhabitants of the area. Accused had committed the murder of her husband by striking the blow of an Axe twicely on his neck. Accused also made attempt to commit the murder of the mother-in-law by inflicting the blow of an Axe. Nepali citizen was having description of about 5 feet 2 inch in height, whitish complexion wearing black track suit. The name of the accused is not known. The legal action be initiated against him."

Thereafter, the statement of the complainant recorded under Section 154 Cr.P.C. was forwarded to Police Station, Jubbal, alongwith rukka, whereupon FIR was registered and the investigation ensued. The police lifted scientific samples from the scene of crime and also made recovery of articles. The dead body of deceased Krishan Chand was sent for postmortem examination to CH, Jubbal, and Smt. Sodha De