The need for consistent and reliable evidence to prove guilt beyond reasonable doubt, careful scrutiny of related and interested witnesses' testimonies, and reliance only on evidence recorded in a particular case.

JUDGMENT

Manish Choudhury, J. - Heard Ms. R.D. Mazumdar, learned Amicus Curiae for the accused-appellant and Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State.

2. This appeal from jail is presented against the judgment and order dated 05.07.2018 passed by the learned Sessions Judge, Jorhat at Jorhat in Sessions Case No. 41(J-J)/2014 whereby the accused-appellant has been convicted under Section 304 Part-II, Indian Penal Code (I.P.C.). The accused-appellant has been sentenced to undergo rigorous imprisonment for 7 (seven) years and to pay a fine of Rs. 10,000/-, in default, to undergo rigorous imprisonment for a further period of 6 (six) months.

3. The ejahar was lodged by one Smti. Jina Bora (P.W.1), who is the wife of the deceased. In the ejahar lodged by P.W.1 on 30.12.2013 before the In-charge, Lahdoigar Police Out Post, the informant had, inter-alia, alleged that at about 11-00 a.m., on 29.12.2013, Sunday, the accused was seen fishing in the pond under the possession of her father-in-law, after secretly trespassing into the same. Having seen him, her father-in-law, Sri Tukheswar Bora (P.W.6) and her husband, Arup Bora went near him but without any reason, the accused attempted to kill her husband by inflicting injury on his head by a spade. As a result, her husband sustained serious injuries and he had to be admitted in the Jorhat Medial College & Hospital (JMCH). Thereafter, her husband was admitted in the I.C.U. of Aditya Nursing Home at Dibrugarh for better treatment. The informant had mentioned that because of the same, there was some delay in lodging the FIR.

4. On receipt of the same, the In-charge, Lahdoigar Police Out Post registered a General Diary Entry being G.D. Entry No. 563 dated 30.12.2013 and forwarded the ejahar to the Officer In-Charge, Teok Police Station for registering the ejahar under proper sections of law. The In-Charge, Lahdoigar Police Out Post had also started the investigation of the case. On receipt of the ejahar, the Officer In-Charge, Teok Police Station registered the same as Teok Police Station Case No. 340/2013 under Sections 447/326, I.P.C. Correspondingly, G.R. Case No. 3290/2013 was registered. During the investigation, Arup Bora had expired on 30.12.2013 at Sanjeevani Hospital, Dibrugarh. The accused was arrested on 30.12.2013 and thereafter, forwarded to the Court vide Forwarding Report dated 30.12.2013. The inquest on the dead body of the deceased was conducted on 31.12.2013 at Sanjeevani Hospital, Dibrugarh by the Circle Officer, Dibrugarh. After the inquest, the dead body of the deceased was forwarded to the Assam Medical College & Hospital (AMCH), Dibrugarh on 31.12.2013. Accordingly, the post-mortem examination was done at the AMCH on 31.12.2013. In view of the expiry of the deceased, Section 302, I.P.C. was added later in the case on 02.01.2014.

5. In the course of investigation, the I.O. visited the place of occurrence and prepared the sketch map of the place of occurrence (Ext.-4). The statements of the witnesses were also recorded by the I.O. After collection of the Post-Mortem Examination Report (Ext.-5), the I.O. submitted a charge sheet being Charge Sheet No. 21/2014 on 26.02.2014 finding a prima facie case established under Sections 447/302, I.P.C. against the accused-appellant.

6. On submission of the charge sheet, the Court of learned Additional Chief Judicial Magistrate, Jorhat after securing the production of the accused-appellant from judicial custody, had complied with the procedure prescribed under Section 207, Cr.P.C. by furnishing him the requisite copies. As the offence under Section 302, I.P.C. is exclusively triable by the Court of Sessions, the learned Additional Chief Judicial Magistrate, Jorhat committed the case to the Court of Sessions, Jorhat by an order dated 02.04.2014. On receipt of the case records of G.R. Case No. 3290/2013, Sessions Case No. 41(J-J)/2014 was registered. It transpires that by an order dated 03.04.2014, the accused-a