Circumstantial evidence must create a complete and cogent chain linking the accused to the crime; mere suspicion, without proof beyond reasonable doubt, is insufficient for conviction.

JUDGMENT :

AMITENDRA KISHORE PRASAD, J.

1. The present criminal appeal under Section 374 (2) of Cr.P.C. has been filed by the appellant herein calling in question legality, validity and correctness of the judgment of conviction and order of sentence dated 22.9.2015, passed by the learned Additional Judge of Upper Sessions Judge, Ramanujganj, District-Surguja, in Sessions Trial No. 174/2013, by which, the appellant herein has been convicted as under:-

All the sentences shall run concurrently.

2. Case of the prosecution, in nutshell, is that on or about 27th–28th March, 2013, in village Dumrakhola, within the jurisdiction of Police Station Rajpur, the accused is alleged to have subjected Smt. Parbatiya Bai to harassment by branding her as “Tonhhi” (witch). It is further alleged that in the intervening night of 27th and 28th March, 2013, he committed her murder by causing her death through fatal assault.

3. The case of the prosecution, in brief, is that on 28.03.2013, one Manohar, son of Ramratan Khairwar and resident of village Dumrakhola, Police Station Rajpur, lodged an information at Police Post Dabra, Police Station Rajpur. He reported that his mother, Smt. Parbatiya Bai, resided separately in the same village along with his sister-in-law Phoolbasiya and niece Sushila. On 27.03.2013, at around 12:00 noon, his mother had visited his house on the occasion of the Holi festival and remained there until about 03:00 p.m., after which she returned to her own house. On the following day, a villager by the name of Shankar informed the complainant that his mother was lying dead in her house. Alarmed by the news, the complainant, accompanied by fellow villagers Chandradev and Ravichand, immediately proceeded to the spot. Upon reaching, they found that his mother, Smt. Parbatiya Bai, was lying lifeless with a deep wound on the right temple of her head. It appeared that some unknown person had inflicted a grievous blow, causing her death on the spot. When the complainant inquired from his sister-in-law Phoolbasiya and niece Sushila regarding the incident, they disclosed that after dinner on the night of 27.03.2013, they had gone to the house of their relative Devrup to sleep. They further stated that the accused had long been suspicious of Smt. Parbatiya Bai and harbored the belief that she was a witch, which had led to her harassment and, ultimately, to her brutal killing. Manohar (PW-1) reported the matter to the police, pursuant to which, merg intimation (Ex. P-01) and FIR (Ex. P-02) were registered. Inquest proceedings (Ex. P-04) were conducted and the dead body of the deceased was sent for postmortem. As per postmortem report (Ex.P/13A), proved by Dr. Saurabh Mandilwar (PW-15), cause of death of the deceased was due to coma, and the nature of death homicidal. Thereafter, appellant-a