Circumstantial evidence can sustain a murder conviction when it establishes a complete chain of events that excludes all reasonable hypotheses of innocence.

JUDGMENT :

SIDDHARTHA ROY CHOWDHURY, J.

1. Challenge in this appeal is to the judgment and order of conviction passed by the learned Additional Sessions Judge, North and Middle Andaman at Mayabunder, in Session Trial No. 20 of 2019.

2. By the impugned order and judgment, the learned Trial Court was pleased to record an order of conviction against Animesh Majumder for committing offence under section 302/201 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life.

3. Briefly stated one Shri Narayan Mondal, Member Ward No. 2, Bakultala set the criminal administration of justice into motion by informing the jurisdictional police authority about the unnatural death of a lady. According to Narayan Mondal on 15th April, 2019 at about 01:30 PM when he was taking lunch, one of his tenants Smt. Bina Sajal told him about emission of some foul smell. He suggested Smt. Bina to go further to find out the source of such odour and after a while he heard Bina Sajal shouting at the top of her voice. He came out of his house, went to Bina Sajal and he was told that a dead body was lying inside the well with bangle in hand. He told Keshab Kabiraj to inform Bakultala Chowki Police. After a while police came. Narayan Mondal further stated that the dead body could be the dead body of wife of Animesh Mazumder - one of his tenants. On the basis of such statement, UD FIR No. 06 of 2019 dated 15th April, 2019 was registered under section 174 of Code of Criminal Procedure.

4. Inquest examination was held over the dead body by the Sub Divisional Magistrate at Rangat and it was found that a nylon rope was tied around the dead body along with cloth. After holding an inspection of the place of occurrence, Sub Inspector, S. Kannan prepared a site plan, recorded statement of available witnesses, sent the dead body to mortuary room of Community Health Centre, Rangat for post-mortem examination.

5. On 16th April, 2019 post-mortem was conducted. Thereafter police searched the room of the deceased with the help of FSL team, seized incriminating articles from the house of Animesh Majumder and having found prima facie materials constituting cognizable offence, S.I. S. Kannan requested the competent authority to convert the UD FIR into a specific case under section 302 of the Indian Penal Code and accordingly on 16th April, 2019 Rangat PS FIR No. 66 of 2019 was registered at 20.30 hours.

6. Police then took up the investigation, arrested the accused from Ganganapur, Nadia, West Bengal. Examined available witnesses, recorded their statement, forwarded some articles seized in course of investigation for forensic examination and after completion of investigation submitted charge sheet against the accused Animesh Majumder.

7. Trial was commenced on 27th day of September, 2019 after compliance of the provisions of 207 and 209 of the Code of Criminal Procedure. Charge was framed under section 302/201 of the Indian Penal Code against the accused person and pleading his innocence the accused person claimed to be tried.

8. To bring home charges prosecution examined 31 witnesses. Learned Trial Court after considering the evidence led by prosecution, passed the impugned judgment.

9. Mr. D.C. Kabir, learned counsel for the appellant assails the impugned judgment by submitting that this case is absolutely based on circumstantial evidence. But prosecution has failed to establish the complete chain of circumstances. Admitting the relationship between the appellant and deceased Anjana Sarkar and also admitting the fact that they used to live in house of Narayan Mondal as tenant, Mr. Kabir submits that the relationship between the couple was good. Even the neighbouring people or co-residents of the house did not claim to have heard any sound indicating fight or quarrel between the two on the alleged night of incident.

10. The landlord Narayan Mondal as PW-1 stated that he met Animesh on 8th April, 2019 as he did not pay the rent for the said month for which the rent