IMPORTANT POINT
For basing conviction on circumstantial evidence the same should form a chain pointing to the guilt of the accused.

JUDGMENT

Swatanter Kumar, J. —

1.This case is a typical example, where conviction is entirely based upon circumstantial evidence. It is a settled principle of law that doctrine of circumstantial evidence is brought into aid where there are no witnesses to give eye version of the occurrence and it is for the prosecution to establish complete chain of circumstances and events leading to a definite conclusion that will point towards the involvement and guilt of the accused. The challenge in the present appeal is to the concurrent judgments of conviction passed by the learned Sessions Judge as well as the High Court, primarily, on the ground that the prosecution has been able to establish by leading cogent and reliable evidence and the chain of circumstances leading to the commission of the offence by the accused persons. The challenge, primarily, is that findings of the Court are erroneous in law and on the facts of the case. According to the accused-appellants, the prosecution has not been able to establish the guilt beyond reasonable doubt. Secondly, it is submitted that the confessions, alleged to have been recorded by the police officer on the basis of which recoveries were effected, are contrary to law and, therefore, could not be the basis of the conviction of the appellants. For these reasons the appellants claim acquittal from charge.

2.To examine the merits of these contentions reference to the case of the prosecution and the facts, as they emerged from the record, would be necessary.

3.On 28th April, 1999 at Police Station Jadavpur, a case was registered under Section 302/34 of the Indian Penal Code (hereinafter referred to as ‘IPC’) against unknown miscreants for causing death of one Smt. Phool Guha, wife of Dr. Ashim Guha, resident of 11/1 East Road within Jadavpur Police Station. This case was registered on the basis of the complaint made by Dr. Ashim Guha (Ext. P.1) which reads as under:

“To

The Officer-in-Charge

Jadavpur, P.S.

Dist.-south 24-Parganas

Sir,

This is to inform you, that on 28.4.99 at aroud 20.15 hrs. myself along with my son Debmalya and daughter-in-law Indira left for Gariahat for some personal work. My wife Smt. Phul Guha was in the house alone at 21.35 hrs. we all returned home and noticed a large gathering in front of our house. I found my wife lying dead inside the room of my daughter-in-law having her tongue prosuded and some marks of bruises could to detected on her body and blood was seen trickled out of the right angle of her mouth. It was also noticed that the assailants after (illegible) the murder of my wife, ransacked both the rooms and the household articles were scattered.

It appeared that the assailants entered through the main door after obtaining the keys and the lock along with the key was found in the stair case.

I, therefore, request you to kindly take necessary action and do the needful to (illegible) the miscreants.

Yours faithfully,

Sd/- Asim Kumar Guha”

As is evident from the above complaint that Dr. Ashim Guha, husband of the deceased, his son Debmalya and daughter-in-law Indira had left for Garihat on 28th April, 1999 at about 8.15 P.M. The deceased was all alone at home. When they returned home at about 9.30 P.M. they found a large gathering in front of the house. Upon entering the house, they found that Phool Guha was lying dead inside the room of her daughter-in-law with tongue protruded and with some marks of bruises on her body and blood trickling out of her mouth. It transpired that the assailants committed the murder of his wife and had ransacked both the rooms as the household articles were lying scattered. Mrinal Kanti Roy, the Investigating Officer, who was later examined as PW 13, commenced his investigation. He called for experts including dog squad. The photographs were taken. The dog squad was brought to the place of occurrence. After sniffing the place of occurrence, taking the round of the house and also sniffing the handkerchief lying on the face of the deceased, the dogs c