JUDGMENT :

M.V. Muralidaran, J.

1. This appeal arises out of the judgment in Sessions Trial Case No. 10 of 2007 convicting the appellant under Section 302 IPC and sentencing her to undergo life imprisonment for the proved charge of murder of her own father Khosole Poumei.

2. The case of the prosecution is that on 16.4.2003 at about 12.30 P.M., Khosole Poumei was found killed by his daughter viz., the appellant/accused herein by hitting with an axe handle on the head over a family feud at their residence and after the commission of the crime, the appellant ran away to the jungle and concealed herself leaving the weapon of the crime at the spot.

3. On the basis of the complaint lodged by P.W. 2-Dale, who was the then Chairman of Taphou Phyamei Village, an FIR Case No. 4(4)2003 was registered by Senapati Police Station under Section 302 IPC against the appellant. P.W. 3-Investigating Officer took up the investigation of the case and P.W. 3, his team rushed to the occurrence place. On reaching the occurrence spot, P.W. 3 found the dead body of Khosole Poumei lying in a pool of blood. Thereafter, P.W. 3 prepared rough sketch and had conducted inquest on the body of the deceased. P.W. 3 examined the witnesses P.W. 2-Dale and P.W. 4-K.S. Stephen, the then Secretary of Taphou Pohyamei Village and recorded their statements. P.W. 3 had also seized M.O. 2-handle of axe, which was used for the crime in the presence of same witnesses under seizure mahazar, where P.W. 5-Saloni had also put his signature. Thereafter, P.W. 3 sent the body for autopsy.

4. P.W. 1-Dr. Adaphro, attached with Senapati District Hospital had conducted autopsy on the dead body of Khosole Poumei and noticed the following external injuries:

Laceration of the scalp,

fracture of the scalp bone (occipital bone)

P.W. 1-Doctor also found the following internal preferences:

Scalp laceration (Rt. Occipital area)

Skull fractured (Rt. Occipital area)

Meninges and Vessels Severed

Brain - lacerated

P.W. 1 has given opinion as to the cause of death as homicidal in nature. After completing the post-mortem, the body was handed over to the relatives of the deceased for performing last rites. Ex. P1 is the post-mortem certificate issued by P.W. 1.

5. On 18.4.2003, on receiving reliable information, the Investigating Officer rushed to the area where the appellant/accused was hiding at about 9.00 A.M. on 18.4.2003, the Investigating Officer found the appellant surrounded by the villagers. Thereafter, the Investigating Officer arrested the appellant and obtained her confessional statement Ex. P4 in the presence of P.W. 2 and P.W. 4. The Investigating Officer had also seized a blood stained shirt, which was worn by the appellant at the time of arrest under Ex. P5 in the presence of witnesses. P.W. 3 had also sent the blood stained seized shirt of the appellant and the blood stained grey coat of the deceased for chemical examination to the Forensic Science Laboratory and had received a report on 25.11.2003. During the course of investigation, P.W. 3 examined P.Ws. 1, 2, 4 and 5 and obtained their statements. After completion of the investigation, P.W. 3 laid charge sheet against the appellant under Section 302 IPC.

6. After completing the formalities, the case was committed to the file of Sessions Court. Since the appellant had no means to engage a lawyer to defend herself, the trial Court appointed Amicus Curiae.

7. Before the trial Court, on the side of the prosecution, 5 witnesses were examined and marked 16 documents. Accused was questioned under Section 313 Cr.P.C. about the incriminating evidence and circumstances. In most of the questions, the appellant has stated "no answer". The appellant has not examined any witness on her side.

8. Upon consideration of the oral and documentary evidence, the Learned Sessions Judge, Manipur West, by the judgment dated 14.6.2010 convicted the appellant under Section 302 IPC and posted the case on 16.6.2010 for hearing on sentence. On 16.6.2010, after hearing the a