The prosecution must establish the charge beyond a reasonable doubt, and in cases based on circumstantial evidence, conclusive evidence is crucial to prove the case.

JUDGMENT

Suman Shyam, J. - In this appeal, the judgement and order dated 12/07/2018 passed by the learned Sessions Judge, Golaghat, in connection with Sessions Case No. 186/2014 convicting the 3 (three) appellants under Section 302/34 of the IPC and sentencing each of them to undergo rigorous imprisonment for life and to pay fine of Rs. 5000/- each, in default, to undergo simple imprisonment for another one month, has been assailed.

2. We have heard Mr. A.M. Bora, learned senior counsel assisted by Mr. M. Mahanta, learned counsel for the appellants. We have also heard Mr. M. Phukan, learned APP, Assam, appearing for the State.

3. The prosecution case, in a nutshell, as gathered from the materials available on record, is as under :-

The deceased Priyanka Chutia got married to the appellant no.1 Sri Baba Saikia sometime in the month of May-June, 2013. On 22/09/2013, at about 12 noon, the family members of the deceased were informed over phone that their daughter had committed suicide. People of the village immediately gathered at the scene and saw the dead body. The father of the deceased Sri Moina Chutia had lodged an ejahar on 23/09/2013 with the Officer-in-Charge of Merapani Police Station informing about the said incident. In the ejahar, it was mentioned that it was suspected that the husband, father-in-law and mother-in-law of the deceased are behind the incident.

4. Based on the ejahar dated 23/09/2013, Merapani Police Station case No. 298/2013 was registered under Section 302/34 of the IPC and the Officer-in-Charge himself took up the case for investigation. On completion of investigation, charge sheet was submitted against the three accused persons i.e. the husband, father-in-law and mother-in-law of the deceased, who are the appellants in this case. Since the accused persons had pleaded not guilty, the matter was sent up for trial.

5. There is no eye witness in this case. The prosecution case is based on circumstantial evidence. The prosecution has examined 11 (eleven) witnesses to bring home the charge.

6. The informant in this case Sri Moina Chutia, who is the father of the deceased, was examined as PW-1.This witness has deposed that on receipt of information that his daughter had committed suicide, he had arrived at the place and found her daughter hanging from the shed adjacent to the house of her in-laws with a Chadar. He saw the dead body and thereafter lodged an ejahar suspecting that the three accused persons had killed his daughter. Suspecting that the three accused persons had killed his daughter, he had lodged the ejahar Ext-1 and Ext-1(1) was his signature.

7. Pw-2 Smt. Sabitri Chutia is the mother of the victim. According to the PW-2, on receipt of information that her daughter had committed suicide, she became senseless and fell down on the ground. Later on, when her husband returned home, then she accompanied him and went to the house of the accused. Upon arriving there, she saw the dead body of Priyanka wrapped in a mat. She later on came to know from the people that the accused persons had killed her daughter and then kept the body hanging from the shed.

8. Pw-3 Sri Biki Saikia is a neighbour of the deceased. PW-4 Smt. Poly Chutia is known to the informant and the accused. All these witnesses had arrived at the place of occurrence after receiving the information and saw the dead body. PW-6 Smt. Ajanta Barua had heard from her sister-in-law that the victim has been killed. PW-7 Smt. Renu Borah has deposed that the family members of the deceased had informed her that Priyanka has been killed by her mother-in-law and husband by hanging her. Then she went to the house of the accused and saw the deceased hanging from a shed adjacent to their house.

9. Pw-8 Mrs. Lulu Mech is also a neighbour and he has deposed that on the day of the incident his neighbour came and informed him that Priyanka's father-in-law, mother-in- law and husband has killed her. Then he went to their house and saw the dead body. PW-10 Padmeswar Ta