The sufficiency of circumstantial evidence to establish guilt beyond reasonable doubt, caution against relying solely on the testimony of a hostile witness, and the absence of conclusive evidence pointing solely to the guilt of the accused.

JUDGMENT

Soumitra Saikia, J. - This criminal appeal under Section 374 of Cr. P.C is preferred by the accused/appellant-Sri Arjun Payok (in jail), being aggrieved by the Judgment dated 20.06.2017 convicting the appellant to undergo Rigorous Imprisonment for Life under Section 302 of Indian Penal Code for causing culpable homicide amounting to murder of the deceased.

2. The prosecution case is that an FIR dated 05.06.2007 lodged before the Jakhalabandha Police Station by the informant- Budhuwa Munda to the effect that on 05.06.2007 at about 8.30 a.m taking advantage of his absence from his house, Sri Arjun Payok, son of-Late Phul Singh Payok of village-Bamunigaon, Police StationJakhalabandha scolded his wife (informant's wife-Atuwari Munda) from the road. When the wife of the informant came out of the house, the accused dealt 'dao' blows on her head causing instantaneous death. It was stated in the FIR that the neighbours, Smti. Bilashi Mahato, wife of Gunakanta Mahato and Smti. Deepa Mahato had witnessed the incident. The said neighbours had brought the wife of the informant inside the house. The informant stated that he received the information regarding the occurrence about half an hour after the incident took place.

3. The said FIR was received and registered as Jakhalabandha Police Station case No. 53/2007 under Section 302 of Indian Penal Code.

4. After receipt of the FIR the Investigation Officer proceeded to the place of the occurrence, held the Inquest and drew the sketch-map. The Inquest was held in the presence of the Magistrate, Kaliabor. The accused was arrested by the police and the investigations into the offence were conducted accordingly. After completion of the Investigation the charge-sheet was filed on 29.07.2007 against the accused-Arjun Payok under Section 302 of Indian Penal Code. Charge-sheet dated 09.04.2009 was filed under one head bringing the charge against the accused of committing murder of Atuwari Munda (deceased), wife of Budhuwa Munda (informant) and which offence is punishable under Section 302 of the Indian Penal Code. Before the trial court the prosecution supported it's case by as many as 9 (nine) witnesses and Post Mortem Report, Inquest Report and sketch-map.

5. P.W.1, the informant- Sri Budhuwa Mura @ Munda, aged about 80 years, son ofLate Farniture Munda, in his deposition stated that Atuwari Munda was his wife and she was 70 years old at the time of her death. At the time of the incident the informant went to a shop. Two women of the neighbourhood namely, Bilashi and Bhaleshwari@ Durgeswari were plucking tea leaves near his house. They had come to pluck tea leaves in the garden near his house. After returning home, he saw his wife being laid on a mat in an injured state. The P.W.1 deposed that the two women brought his wife and laid her after she was attacked by the accused. The P.W.1 deposed that some people in the neighbourhood namely, Gunua, Bilashi and Bhaleshwari @ Durgeswari informed that the accused had attacked his wife. He saw the cut injury on the head of his wife and saw her struggling for breath. After a while she died. He stated that he did not know as to why the accused has killed his wife. He also stated that he did not make any complaint before the village headman for holding an extra judicial trial as the accused person was absconding after committing the incident.

5.1 In his cross-examination, the P.W.1 stated that there was a maize cultivation in and around his house. The inner part of the house was not visible due to the height of the maize plants. The house was situated near the tea garden. After returning from shop, he found his wife lying on a bed in an injured state. He deposed that he was asked to go to the Police Station by his neighbour, Gunua. He denied the suggestion that Bilashi, Durgeswari @ Bhaleshwari and Gunua did not inform him about the incident. He, however, testified that he did not intend to lodge the complaint in connection with the incident but he did