T. Nandakumar Singh, J.

1. The appellant-accused of this appeal is challenging the judgment passed in Sessions Trial Case No. 89/91/5/911\ 5/93/2/94/5/02 convicting the appellant-accused under Section 302 IPC and the order dated 29.8.2002 sentencing him to suffer life imprisonment not less than 14 years as required by Section 433A of the Code of Criminal Procedure and in the computation of 14 years period, the period during which convict had already been in the jail during investigation and trial should be taken and calculated by the appropriate Government for the purposes under Section 428 of the CrPC.

2. Heard Mr. Kh. Chonjohn, learned Counsel appearing for the appellant-accused as well as Md. Jalaluddin, learned P. P. appearing for the State-respondent.

3. The golden thread which runs throughout the cobweb of criminal jurisprudence as administered in India is that nine guilty may escape but one innocent should not suffer. But at the same time no guilty should escape unpunished once the guilt has been proved to hilt. An unmerited acquittal does no good to the society. If the prosecution has succeeded in making out a convincing case for recording a finding as to the accused being guilty, the Court should not lean in favour of acquittal by giving weight to irrelevant or insignificant circumstances or by resorting to technicalities or by assuming doubts and give benefit thereof where none exists. A doubt, as understood in criminal jurisprudence, has to be a reasonable doubt and not an excuse for a finding in favour of acquittal. An unmerited acquittal encourages wolves in the society being on the prowl for easy prey. (Reference : State of Rajasthan v. N.K. the accused 2000 CriLJ 2205.

4. The prosecution story as unfolded during the trial, in nutshell is as follows:

One Moirangthem Ibochouba Singh, elder brother of the deceased late Moirangthem Lukhoisana Singh lodged an ejahar (Ext. P.26) at about 9.30 P.M. on 22.8.1986 at the Lamphel Police Station, which was registered being FIR No. 329 (8)86 under Section 302 IPC, that on 22.8.1986 in the evening at around 6 P.M. his brother deceased/victim Shri Moirangthem Lukhoisana Singh aged about 23 years went out of the house riding a cycle but in the night around 9.30 P.M. he heard that the appellant-accused Shri Mutum Seityaban Singh aged about 27 years, son of late Gandha Singh of Heignang Makha Leikai stabbed his brother Moirangthem Lukhoisana Singh (deceased/victim) on his right armpit near his courtyard (the courtyard of the appellant-accused), and the injured (victim/deceased) came running and fell down in front of the shop(located at the homestead of Shri Mutum Pungoubi Singh) and also heard that bloodstain were also found in the appellant-accused's courtyard. His brother Moirangthem Lukhoisana (victim) succumbed to his injury on the way to District hospital, Imphal. S.I. Shri L. Rajen Singh of the Lamphel Police Station (PW-17) was the Investigating Officer of the said FIR.

5. After registering the said FIR, the Investigating Officer, S.I. Shri L. Rajen Singh, PW-17 in the early morning about 6 A.M. of 23.8.1986 raided the residence of appellant-accused but he was not found at his house. The appellant-accused surrendered before the Lamlong Police Out Post and from there the appellant-accused was brought to the Lamphel Police Station and remanded to the police custody from 24.8.1986 till 29.8.1986.

6. The Investigating Officer Shri L. Rajen Singh, P W-17 stated that he found the bloodstain/blood drops from the courtyard of the appellant-accused upto the house of the said Shri Mutum Pungoubi Singh. He prepared the sketch map; Exhibit P-27 showing the place of occurrence i.e. at the courtyard of the appellant-accused and also the blood drops from the courtyard of the appellant-accused upto the house of Shri Mutum Pungoubi Singh. While the appellant-accused was in the police custody, he made a statement (Exhibit-P-7), which was recorded in the presence of Heikrujam Rajen Singh (P