IMPORTANT POINT
Unless the evidence is convincing and clinching no conviction can be made.

JUDGMENT

V.S. Sirpurkar, J. —

1.The appellant by this appeal challenges his conviction ordered by the Trial Court and confirmed by the High Court. He was tried for offence under Section 302, Indian Penal Code on the allegation that he had committed the murder of one Haripada Samanta on the night between 12-13th December, 1988 at Village Ghagra, Police Station Mahisadal at Sarberia. Charges were framed under Section 302 read with Section 201, IPC against Niranjan Panja and one Narayani Parua. Eventually, the second accused was acquitted of the offence under Section 302 read with Section 201, Indian Penal Code. However, accused Niranjan Panja alone came to be convicted by the Trial Court under Section 302, Indian Penal Code and his appeal having failed, he is before us.

2.A report came to be filed before the concerned Police Station by one Tapan Kumar Samanta, who was the son of the victim, Haripada Samanta, that his father was killed and his body was lying in the narrow Khal. He reported that he found number of injuries caused by a heavy sharp cutting instrument on various parts of his body including head and neck. It was stated that in the morning of 13.12.1988 at about 7 a.m. he got the information about his father’s dead body lying in a narrow Khal. He stated that on the previous dayin the morning his father had gone to Midnapore to look after the case of one Narayan Adhikari of their village and in the evening on that day he himself had talked to his father at Mahisadal. At that time, Niranjan Panja, Narayan Adhikari, Sudhir Maity and Nirode Kanta Bera were with him. It was claimed that he came to know that on the previous night at about 9 p.m. his father consumed liquor with accused Niranjan Panja and Narayan Adhikari in the liquor shop of one Bholanath Pal and, thereafter, the said three persons came through the village pathway and while Narayan Adhikari went towards his house, his father and Niranjan Panja went back to their homes. However, Haripad Samanta did not return home. On the basis of this complaint, investigation was taken up by the In-charge of the said Police Station, Shri T.K. Tas, Sub-Inspector of Police.

3.The police also came to know during the investigation that there was some rivalry between the deceased and the accused Niranjan Panja as the deceased had stopped looking after the cases of Niranjan Panja for the last 5-6 months on which Niranjan Panja used to speak against the deceased. The prosecution case is that it was on account of this that the accused had committed the murder. The prosecution examined number of witnesses including the complainant son. They were Ram Chand Bar (PW-2), Narayan Das Adhikari (PW- 3), Ranjit Samanta (PW-4), Sunil Kumar Samanta (PW-5), Kanai Lal Das (PW-6), Paresh Das Adhikari (PW-7), Smt. Sita Samanta (PW- 8), Rabindra Rana (PW-9), Amarendra Seth (PW-10), Dr. Ardhendu Bikas (PW-11) the medical officer, Hare Krishna Pramanik (PW-12) and Shri Tarun Kumar Das (PW-13). The case proceeded only on the circumstantial evidence as there was no eye witness. The defence was that of denial. The defence pointed out that there were major discrepancies in the prosecution evidence like the so-called weapon Siuli Katari was never produced before the Court and the necessary witnesses were also not examined.

4.Ms. Ranjana Narayan, the Amicus Curiae pointed out that the evidence in this case was extremely brittle. She invited our attention to the findings of the High Court where the High Court had culled out ten circumstances. She pointed out that out of these ten so-called circumstances, majority of them could not be viewed as incriminating circumstances. By reference to the evidence of the witnesses, she pointed out that the most substantial circumstance was that the deceased was last seen in the company of the accused. She pointed out that, that circumstance was also not established and could not be viewed as an incriminating circumstance inspite of the so-called discovery of the weapon of mur