JUDGMENT :

ABHAY S. OKA, J.

1) The Sessions Court has convicted the appellant/accused for the offences punishable under Sections 302 and 201 of the Indian Penal Code vide the judgment dated 13th March 1995. He has been sentenced to undergo life imprisonment. The decision of the Sessions Court has been confirmed by the High Court by the impugned judgment and order dated 5th December 2017. The case is based on circumstantial evidence.

FACTUAL ASPECTS

2) The case of the prosecution will have to be briefly stated. The appellant and deceased (Sushildhar Dubey) were related and were residents of village Amgoan. They used to go together to drink liquor. On 29th September 1993, in the evening, around 7.00, the appellant went to the house of the deceased and asked the deceased to accompany him to drink liquor. They both went to the house of PW-2 (Ramdas) in village Kohaka. They consumed liquor in PW-2’s house, and they left after consuming the liquor. Nobody saw the deceased alive thereafter, and his dead body was found on the morning of 30th September 1993 on the road leading to Village Bijholidhar Amgoan. The prosecution case is based on circumstantial evidence. The circumstances are:

a) Recov