JUDGMENT :

Arindam Lodh, J.

1. This appeal is directed against the judgment and order of conviction and sentence dated 12.08.2015 passed by the learned Additional Sessions Judge, Khowai, West Tripura in case No. S.T. (T-1) of 2014, whereby the appellant has been convicted under Section-302 of IPC and thereby sentenced to suffer RI for life and also to pay a fine of Rs. 3,000/- with default stipulations.

2. Heard Mr. A. Acharjee, learned counsel appearing for the accused-appellant. Also heard Mr. S. Debnath, learned Addl. P.P. appearing for the State-respondent.

3. The prosecution case, in a nutshell, is that on 30/31.05.2014 at night about 2.00 am the informant Shri Pramode Sabdakar heard shouting from the house of his daughter situated at eastern side of his house and after hearing shouting, he along with his wife, sons and neighbours rushed to the house of his daughter, Bina Sabdakar. After entering into the house of his daughter, he saw his daughter lying dead on the bed with bleeding cut injury over her neck and also saw his son-in-law Babul Sabdakar inside the hut. The informant alleged that prior to the said occurrence several times his son-in-law Babul Sabdakar tried to kill his daughter by throttling. But due to their resistance she was saved, and on yesterday in the evening his son-in-law Babul Sabdakar quarrelled with daughter on the issue of family matters. As such, he suspected that his son-in-law Babul Sabdakar had killed his daughter by sharp weapon. Stating this fact, he lodged written ejahar with the police officer of Khowai Police Station. Being endorsed, Sub-Inspector Shri Ranjit Debbarma started investigation and forwarded the same to the Officer-in-Charge of Khowai police station and the case was registered as Khowai Police Station Case No. 56 of 2014 under Sections-302/120(B) of IPC.

4. During investigation, S.I. Mr. Debbarma had prepared the inquest and seized one bloodstained "katha", one bloodstained napkin, two nylon ropes, one pillow cover with bloodstain, one bloodstained bed sheet and some bloodstained soil from the place of occurrence under seizure list. During post-mortem, the conducting Medical Officer of Khowai hospital collected some samples of internal organs of the deceased and handed over those to the investigating officer who seized these materials and also seized wearing apparels of the deceased under separate seizure lists. Subsequently, Officer-In-Charge of Khowai police station Inspector Mr. Narayan Chakraborty had carried out the investigation and during investigation he visited the place of occurrence, prepared hand sketch map with separate index of the place of occurrence, re-seized the articles on production by SI Mr. Ranjit Debbarma, recorded the statement of available witnesses under Section-161 of Cr.P.C., seized the weapon of offence i.e. the 'Dao' and one 'bati' (one type of dao) under seizure lists, seized sample of blood of the accused collected by medical officer under seizure list and sent those seized materials including the seized Dao and Bati to TSFSL for forensic examination and collected the SFSL report of these materials and also collected post-mortem report of the deceased. Thereafter, on completion of investigation he submitted charge-sheet against the accused Babul Sabdakar under Section-302 of IPC before the Court of learned Sub-Divisional Judicial Magistrate, Khowai, who, after taking cognizance of the police report committed the case to the Court of trial. After receipt of the records, charge was framed against the accused Babul Sabdakar under Section-302 of IPC for committing murder of his wife.

5. During trial, prosecution had examined as many as 26 witnesses and introduced some documents and material objects. After completion of recording of the evidence, the accused was examined under Section-313 of Cr.P.C. to which he pleaded his innocence and claimed to be tried.

6. The learned trial Judge had formulated two points to determine whether the prosecution has been a