Shivakant Prasad, J.

The instant appeal is directed against the judgment passed by the learned Sessions Judge, Andaman and Nicobar Islands in Sessions Case No.21 of 2007, Sessions Trial Case No.23 of June 2010 dated 10th February, 2016 whereby the appellant was convicted and sentenced to suffer rigorous imprisonment for life and with fine of Rs.10,000/- for the offence punishable under section 302 of Indian Penal Code and was also punished with rigorous imprisonment for three years with fine of Rs.3000/- for the offence punishable under section 201 of Indian Penal Code.

2. Being aggrieved by the judgment impugned, the accused/appellant, preferred this appeal inter alia, on the ground that the learned judge has failed to appreciate that the case of the prosecution is solely based on circumstantial evidence and failed to prove the chain of circumstances in order to bring home charges under sections 302 and 201 Indian Penal Code.

3. The factual matrix of the prosecution case is that one Nirmal Ojha of village Madhupur-II, Diglipur lodged a written complaint at Diglipur Police Station on 28.04.2006 stating that his eldest daughter Rita Ojha was married to one Sanjeeb Halder son of Dhiren Halder in February 2007. After some days of marriage, the in-laws of the deceased came to know from medical report that Rita Ojha was six months pregnant at the time of marriage. Shanjit, brother-in-law of the deceased came to the house of the defacto complainant and informed that Rita Ojha was serious when the defacto complainant was not in the house. But, on getting information, his uncle Naren Ojha and his brother Parimal Ojha accompanied Shanjit Halder to the matrimonial house of the deceased. There his daughter’s father-in-law and his family members told them that they came to know from the medical report that the deceased is having six month pregnancy and they sent the deceased with her uncle Parimal Ojha to her house. Family members interrogated the deceased and she told that before marriage, she had an illicit relationship with Swapan Kumar Mazumdar of Shivpur who is the father of the child in her womb. Listening this, his uncle Naren Ojha contacted, over phone, Narhari Mazumdar, father of Swapan Kumar Mazumdar, who is the Extension Officer at Mayabunder Block and informed him to come to Diglipur. Narhari Mazumdar told Naren that he had no leave and so he would reach his house on 24.04.2007 in the evening.

4. On 27.04.2007, the defacto complainant along with his brother-inlaw Rabi Roy, Nithya Gopal Talukdar father-in-law of his sister and his brother Amal Ojha, his uncle’s son Kamal Ojha reached Shivpur and told the matter to the Pradhan, Tarun Roy, Surpanch Sukanto Hazra of Shivpur Gram Panchayat and Ranjit Halder and all of them went to the house of Narhari Mazumdar who was present in his house. His son Swapan Kumar Mazumdar was also present at that time and they talked about his daughter Rita Ojha. Swapan Kumar Mazumdar accepted his mistake in presence of all. Then, Pradhan and Surpanch of Shivpur Gram Panchayat took the decision that on 28.04.2007 in the morning at about 11.30 am in presence of both the party, members would enter into a writing that marriage be done between Rita Ojha and Swapan Kumar Mazumdar. Accordingly, discussions took place upto 12.30 pm at night. PW-1’s brother-in-law, Robi Roy and his sister’s father-in-law Nithya Gopal Talukdar stayed at Narhari Mazumdar’s house and the defacto complainant stayed with Tarun Roy in his house.

5. It reflects from the written complaint lodged at the Police Station, Diglipur that on 28.04.2007 in the morning at about 5-5.30 am, defacto complainant went to Narhari Mazumdar’s house to know whereabout of his daughter Rita Ojha and enquired from Narhari Mazumdar. In reply, he pointed out that after defacto complainant’s departure from Narhari Mazumdar’s house, Rita Ojha and Sw