Credible eyewitness testimony can support a murder conviction without a strong motive, provided the evidence is consistent and corroborative.

JUDGMENT :

Rajarshi Bharadwaj, J.

1. The appeal is directed against the judgment and order dated 07.10.2015 passed by the Learned Additional Sessions Judge, Bolpur in connection with Sessions Trial No. 2 of 2015 corresponding to Sessions Case No. 42 of 2015 arising out of Bolpur Police Station Case No. 171 of 2015 dated 13.04.2015 thereby convicting the appellant under section 302 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and sentencing him to undergo imprisonment for life and pay a fine of Rs. 10,000/-.

2. The prosecution case, in brief, revolves around a gruesome incident that took place on 13.04.2015 at approximately 2:30 P.M. On the said date and time, the appellant arrived at the residence of his sister-in-law, Priya Laha, on a motorcycle bearing registration number WB 54B/5780. At that point, Priya and her minor daughter, Ankita, were present inside the house, which was located within the jurisdiction of Bolpur Police Station.

3. It is alleged that soon after the appellant entered the premises, the peace of the household was disturbed by loud cries and commotion. These alarming sounds were heard by Nayan Kumar Laha, a close relative of the victim and the defacto complainant in the present case. Responding to the distress, he rushed to Priya’s residence, whereupon his arrival, he found Ankita lying on the floor in a distressed state. He allegedly saw the appellant pouring kerosene and setting Priya Laha on fire. Priya was reportedly lying on the floor near the Thakurghar and was rapidly being engulfed by flames.

4. In an attempt to rescue the victim, Nayan Kumar Laha immediately tried to extinguish the fire and save Priya from further injuries. However, before he could restrain him, the appellant managed to flee from the scene. During these moments, Ankita reportedly informed the complainant that it was indeed the appellant who had poured kerosene oil on her mother and set her ablaze. Priya Laha was thereafter rushed to the hospital, but despite medical efforts, she succumbed to her injuries and was declared dead.

5. Following the incident, it is further alleged that the neighbours of the appellant, upon being informed of the events, succeeded in apprehending him. Thereafter, a written complaint was lodged by the de facto complainant, Nayan Kumar Laha, with the Inspector-in-Charge of Bolpur Police Station, resulting in the registration of Bolpur Police Station Case No. 171/2015 dated 13.04.2015 under Section 302 of the IPC.

6. Subsequent to the registration of the case, the matter was taken up for investigation by the concerned police authorities. After conducting a preliminary inquiry, recording of witness statements and collecting relevant evidence, the Investigating Officer filed a final report in the form of Charge Sheet No. 275/2015 dated 12.07.2015, thereby formally accusing the appellant of having committed an offence punishable under Section 302 IPC. The Learned Additional Chief Judicial Magistrate, Bolpur, upon perusal of the charge sheet and accompanying documents, was pleased to take cognizance of the offence and in due course, after compliance with the necessary procedural formalities, the case was committed to the Court of Session for trial.

7. Upon committal, the matter was registered as Sessions Case No. 42 of 2015 and subsequently transferred to the Court of the Learned Trial Judge, where it was re-numbered as Sessions Trial No. 2 (August)/2015. On 29.08.2015, the Learned Trial Judge framed a formal charge against the appellant under Section 302 IPC. The contents of the charge were read over and explained