The main legal point established in the judgment is that the prosecution must prove the charge under Section 302/34 IPC by providing sufficient evidence of the accused's behavior before and after the crime, and the credibility of witness testimony.

P.K. Saikia, J.

1. This jail appeal is directed against the judgment dated 05.10.07 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No. 51/05 convicting accused/appellant under Section 302/34 IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 5000/- in default S.I. for further period of 15 days. Being aggrieved by and dissatisfied with, accused/appellants preferred this present appeal.

2. The facts necessary for disposal of the present appeal, in short, are that on 03.06.01 at about 5 pm, accused Bogadhar Munda along with his son Rajen Munda and one Bhadra Munda came to the house of Bhagat Orang and killed the later in his own house planting a knife blow on his chest. An FIR to this effect on being lodged by one Rupa Orang with I/C Bamunbari Police Outpost, the I/C thereof made a GD entry on the FIR received and forwarded the same to O/C, Moran Police Station for registering a case in accordance with law and for doing further needful.

3. In the meantime, the I/C Bamunbari Police Outpost took up the investigation, visited the place of occurrence, held inquest on the dead body and sent the same to hospital for post mortem examination, prepared the sketch map of the place of occurrence, arrested accused Bogadhar Munda, examined the witnesses and did other needful and on completion of the investigation, he submitted charge sheet against the accused person showing Bhadra Munda as absconder. As Rajen Munda was found to be juvenile in conflict with law, hence, the case against him was forwarded to the Juvenile Court for disposal of the same in accordance with law.

4. The Magistrate, before whom the charge sheet was so laid, committed the case to the Court of Sessions as the offence under Section 302 IPC is exclusively triable by the Court of Sessions. Learned Sessions Judge after commitment of the case and on hearing the parties, framed charge under Section 302 IPC and charge, so framed, on being read over and explained to the accused person, he pleaded not guilty and claim to be tried.

5. During trial, the prosecution side has examined as many as 10 witnesses including the Medical Officer who conducted autopsy on the dead body of the person aforesaid. The statement of the accused person under Section 313 CrPC was recorded. Accused plea was of total denial. However, on being required, he declined to adduce any evidence of his own. On the conclusion of trial and after hearing the parties, learned Trial Court held the accused of offence under Section 302/34 IPC, convicted him there-under and sentenced him to punishment as aforesaid. It is that judgment which has been assailed herein this appeal.

6. Opening up the argument on behalf of the accused/appellant, Mr S.K. Ghosh, learned Amicus Curiae has submitted that there was absolutely no evidence on record to show that the death of deceased on the evening of 03.06.01 at his own house was caused by any of the persons, arraigned as accused in the case under scrutiny, much less, same being committed one of the accused persons, namely, Bogadhar Munda,Bhadra Munda and Rajen Munda, in furtherance of their common intention.

7. Inspite of the above above, learned Trial Court came to the conclusion that prosecution has successfully proved the charge that accused Bogadhar Munda in furtherance of common intention of other two accused persons, intentionally caused the death of the person aforesaid in his own house on the evening of 03.06.01 and he, therefore, urges this Court to set aside the judgment of the Trial Court on acquitting the accused/appellant of the offence under Section 302 IPC.

8. On the other hand, Mr D. Das, learned Addl. PP, Assam supporting the judgment rendered by the Trial Court, argues that the evidence of PWs clearly reveals that the accused along with his son and his brother came to the P.O., got involved in a quarrel with the deceased, planted a knife blow on his chest and intentionally killed him at his own house. The circumstan