The importance of reliable and consistent evidence in proving guilt beyond a reasonable doubt in criminal cases.

Aftab H. Saikia, J.

1. The earlier appointed Amicus Curiae Mr. B. Buragohain is found to be absent when the matter is taken up for hearing and accordingly Mr. J.I. Barbhuyan has been appointed as Amicus Curiae. Heard Mr. J.I. Barbhuyan, learned Amicus Curiae. Also heard Mr. K.A. Mazumdar, the learned P.P., Assam.

2. This criminal appeal has been preferred by the appellants from jail challenging their conviction under Section 302 IPC and subsequent sentence to undergo rigorous imprisonment for life passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 137(T)/00 on 18.12.2001.

3. The prosecution case, in short, may be noticed. An F.I.R. was lodged with the Officer-in-Charge, Dumduma Police Station on 19.08.1994 by P.W. 2, Sri Khandru Nayak alleging that on 16.08.1994 (1) Shri Luka (2) Shri Kesha and (3) Sansai along with three others killed his neighbour Shri Suren Tanti and buried his body without anybody's knowledge. They also threatened him for the same consequence. Police registered a case and during investigation, exhumed the dead body of Suren Tanti from a graveyard and sent the dead body for post mortem examination. Police examined witnesses and arrested the accused namely Sansai Gowala, Sekhar Loknath, Mohan Parikit, Shivchand Premsing and Chutu Dulov.

4. On completion of the investigation, the police submitted charge-sheet against the appellants under Section 302 IPC when other two accused namely Sekhar Loknath and Mohan Parikit were declared absconders.

5. During the trial before the learned Sessions Judge, Tinsukia the prosecution examined as many as nine witnesses including three official witnesses namely P.W. 6-Sri N.K. Bora, Judicial Magistrate, First Class who recorded the confessional statements of appellant No. 1 Sansai Gowala and another Sekhar Rupnath Gowala who was declared to be absconder and P.W. 8, Dr. H. Sarmah, who conducted the autopsy over the dead body of Suren Tanti (hereinafter referred to as 'the deceased') as well as P.W.9, Mr. Imran Hussain, the Investigating Officer. After completion of recording of evidence of witnesses, the appellants were also examined under the provision of Section 313 Cr.P.C.

6. Challenging the conviction and sentence of the appellants Mr. Borbhuyan the learned Amicus Curiae has made basically two fold arguments:- (i) the testimony of P.W.3 Loknath Ramchandra who is aged about 70 years and P.W. 7 Sri Ajit Sudon, whose evidence was relied upon by the trial Court in convicting the appellants, is wholly unreliable and uncorroborated and as such there evidence cannot be the basis of conviction of the appellants as recorded by the trial Court and (ii) even if the confessional statement is accepted, it would be crystal clear that the appellants have given lathi blow on the legs of the deceased and the same is contrary to the medical evidence so adduced by P.W.8, Dr. H. Sarmah who in his examination found as many as 3 incised injuries over the occipital scalp and bruises over right leg and ankle on all sides, left arm and forearm and in his opinion all those injuries No. 1, 2 and 3 was collectively sufficient to cause death of a person in ordinary course of nature.

7. It would be apt and necessary to quote the injuries so found by doctor P.W.8 which are as follows:

Injuries:-1. An incised wound over the occipital scalp placed obliquely 2 Cmx 5 cm x scalp deep.

2. Another incised wound over middle part of the left leg with beveling from above down wards and obliquely cutting the fibia measuring 3 x 1 x 1 cm.

3. Another incised wound over the left wrist at ulnar border measuring 2 x 1 x 1 cm exposing the carpal bones.

4. Bruises over the right leg and ankle on all sides, left arm and forearm on anterolateral surface and ventral aspect of right forearm.

In his opinion the doctor stated as under:

Cause of death was due to shock resulting form the injuries sustained. Injuries were antemortem and homicidal in nature. Time since death approximately 3 to 7 days on burial. Ext. 3