Dhirendra Mishra, J.

1. This criminal appeal is directed against the judgment of conviction and order or sentence dated 6th September, 2002 passed in S.T. No. 294/01, whereby the learned IV Additional Sessions Judge (FTC), Janjgir, after holding the Appellant guilty of committing murder of Amrikabai, has convicted him under Section 302 of the IPC and sentenced him to life imprisonment and pay a fine of Rs. 100/-.

2. Case of the prosecution, in brief, is that complainant Rajkumar gave merg intimation (Exh. P-15) on 23rd May, 2001 at 11.30 hours against the Appellant mentioning therein that today while he was working in the Patwari Office, Daras Kotwar and Radhelal Kalar came around 9 a.m. and informed that Veerendra Kumar, son of Radhelal, has committed murder of Amrikabai in the house of Radhelal Kalar. He went with them and found the naked body of Amrikabai lying upside down. Her back to waist was covered with a sack. There were number of big papules on her body and it was stinking. There were cut injuries on both her arms and dried blood was present. One broken bottle of liquor was lying there. After registering the crime vide Exh. P-14, police proceeded for the scene of occurrence and prepared inquest over the person of the deceased vide Exh. P-2. Thereafter, dead body was sent for autopsy to Community Health Center, Bamhnideeh, where Dr. M.L. Sahare (P.W. 13) and Dr. Seema Mahant (P.W. 12) conducted post-mortem and gave their report vide Exh. P-11. The SHO prepared spot map vide Exh. P-18 in the presence of complainant. In reply to the query dated 2-6-2001, Dr. Sahare opined that the injury present over the person of the deceased could be caused by broken glass vide Exh. P-13. The articles seized during investigation, i.e. a pair of sponge slippers seized from the accused and broken glass pieces seized from the spot, were sent for chemical examination to Forensic Science Laboratory, Sagar and report of the FSL is Exhs. P-25 and P-28.

3. After completing investigation, charge-sheet was filed in the Court of Judicial Magistrate First Class, Janjgir, who, in turn, committed the case to the Court of Sessions Judge and the same was received on transfer for trial by learned Additional Sessions Judge.

4. Learned Trial Court framed charge under Section 302 of the IPC against the Appellant, who abjured his guilt. The prosecution, in order to establish its case, examined 16 witnesses in all. Thereafter, statement of the accused was recorded under Section 313 of the Code of Criminal Procedure, in which he denied the circumstances appearing against him in the prosecution case and pleaded innocence and false implication.

5. Learned Trial Court, after hearing Counsel for the respective parties, convicted and sentence the Appellant as mentioned in Para 1 of this judgment.

6. Homicidal death of Amrikabai has not been disputed. Dr. Seeman Mahant (P.W. 12) and Dr. M.L. Sahare (P.W. 13), who jointly conducted post-mortem over the person of the deceased, observed that the dead body was in a decomposed condition, foul smell was emanating, whole body was swollen, eyes closed, eye ball and tongue protruded, frothy blood coming from mouth, glass piece present in the mouth, nasal bone broken, clotted blood present in both nostrils, nose was deviated towards left side, face cyanosed, fracture of right maxilla bone, skin peeled off, linear injury over backside, hand open, rigor mortis present, fickle matter passed from anus, post-mortem lividity present over middle aspect of thigh, arm (right side), papules over whole body present. On internal examination, brain material within the skull was putrefied, lungs, diaphragm, larynx and trachea, congested, heart was congested and empty, and main artery congested. They further opined the cause of death as a result of asphyxia, death was homicidal in nature and occurred between 13-16 hours before the time of post-mortem. On the basis of above medical evidence, the Trial Court held that the death of Amrika