The judgment establishes the principle of establishing guilt based on circumstantial evidence, handwriting analysis, and the principle of last seen together in cases of homicide.

P.G. Agarwal, J.

1. Heard the learned Counsel appearing on behalf of the accused-appellant and the learned P.P.

2. This appeal is directed against the judgment arid order dated 10-3-2000 passed , by the Sessions Judge, Nagaon in Sessions Case No. 4(N) of 1999 whereby the accused-appellant was convicted Under Section 302, IPC and sentenced to imprisonment for life and to pay a fine of Rs. 5000/- in default further imprisonment for six months. The accused-appellant was also convicted Under Section201, IPC and sentenced to imprisonment for two years and to pay a fine of Rs. 1000/- in default further imprisonment for three months. The accused was also convicted Under Section 387, IPC and sentenced to imprisonment for two years and to pay a fine of Rs. 1000/- in default further imprisonment for three months. All the sentences were directed to run concurrently,

3. The prosecution case in brief is that a ransom note was received by the complainant (P.W. 5) Narendra Ch. Das demanding a sum of Rs. 10,000/-. Thereafter, the nephew of the informant namely Mithun Das aged about 12 years was taken away by the accused-appellant-Parimal Mazumdar on 25-9-1998. Thereafter another ransom letter demanding Rs. 50,000/- was received by the Informant. The complainant suspected that the ransom letters have been issued by the accused-appellant-Parimal Mazumdar and immediately the FIR (Ext. 4) was lodged before police. The accused was apprehended and he confessed about taking away of the deceased-Mithun and killing him. The accused led police to the recovery of the dead-body in presence of a large number of villagers. Police held inquest over the dead body and thereafter it was sent for postmortem examination which was conducted by Dr. B. C. Kakati. The doctor found as follows :-

Dead body of a young boy in partially decomposed condition. Stout built. Immature maggots were present. Tongue was protruded out. Neck was engorged. Nails cyanosed. Faceal matters are coming out of oral orifice.

On examination of cranium and spinal canal, I found that brain and membrane were congested.

On examination of thorax I found that there was fracture of hyoid bone on both lateral angles were congested and cyanosed. Heart left side empty and right side contains clotted blood.

On examination of abdomen, I found viscera was congested and stomach was empty. There was fracture of hyoid bone as has been already mentioned.

No other superficial injury on the dead body except the fracture of the hyoid bone,

In my opinion, the cause of death is due to suffocation as a result of strangulation. These injuries were sufficient to cause death in the ordinary course of nature.

4. From the medical evidence on record, we find that the hyoid bone was fractured and as such the doctor was very specific that this is a case of death by strangulation. As regards the presence of any ecchymossis, there was finger mark Impression which has been opined by the doctor as the decomposition of the body has set in and the marks become invisible.

5. The trial Court for the reasons mentioned in the judgment has relied on the medical evidence to hold that this is a case of homicidal death caused by strangulation. We also find that the medical evidence is reliable and considering the fact that the hyoid bone was found fractured, we concur with the finding of the trial Court that the deceased Mithun Das was killed by strangulation. In the present case, there is no direct evidence as regards the killing of the deceased, The entire prosecution case rests on the circumstantial evidence and on perusal of the evidence on record, we find that the prosecution has relied on the following circumstances :-

(1) The accused sent ransom letters to the informant (PW 5) demanding money.

(2) The deceased was last seen alive in the company of the accused appellant.

(3) Soon after the missing of the deceased Mithun, the accused sent another ransom letter demanding money for release of the boy.

(4) The accused led police to the re