The admissibility and truthfulness of confessional statements, the fair examination of the accused under Section 313 Cr.P.C., and the requirement for corroborative evidence to establish guilt beyond reasonable doubt.

JUDGMENT

Suman Shyam, J. - Heard Mr. F.H. Laskar, learned counsel appearing for the appellant. Also heard Ms. B. Bhuyan, learned APP, Assam, appearing for the State. None has appeared for the respondent no. 2.

2. The sole appellant Bijoy Orang was convicted under Section 302 of the IPC and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 30,000/- with default clause for committing murder of Budhni Orang.

3. The prosecution case, in brief, is that on 15/08/2010, the accused had hacked the deceased Budhni with a dao in front of her house after suspecting her to be a Witch.

4. On 15/08/2010, an ejahar was lodged with the Officer-in-Charge of Halwating Police Station in the district of Sivasagar, based on which Halwating PS Case No. 43/2010 was registered under Section 302 of the IPC. The matter was then investigated by the Police. After recording the statement of the witnesses and upon completion of investigation, the Police had submitted charge sheet, based on which, charge was framed against the appellant under Section 302 of the IPC. Since the appellant had pleaded not guilty to the charge, the matter went up for trial.

5. There is no eye witness to the incident and the prosecution case is based entirely on circumstantial evidence as well as the confessional statement made by the accused/appellant.

6. The prosecution side had examined as many as six witnesses including the IO. The defense side however, did not adduce any evidence.

7. Pw-1 Sri Subhash Nayak had deposed that on the day of the incident he was not at home nor did he know how the incident took place. He has stated that the Police took his thumb impression at the time of holding inquest on the dead body. This witness was declared as a hostile witness. During his cross examination by the prosecution, PW-1 had denied of having stated before the Police that on 15/08/2010, accused Bijoy Orang had pulled the deceased by her hair to the road and killed her by dealing 2/3 cut blows and that he had witnessed the incident himself.

8. Pw-2 Sri Bhojo Orang is another witness who did not support the prosecution case and was also declared as a hostile witness. PW-2 had also denied of having made any statement before the Police that accused Bijoy Orang had killed the deceased by cutting her neck with a dao on the road or that he had witnessed the incident himself.

9. Pw-3 Smt. Rashmita Das is the Magistrate who had recorded the statement of the accused under Section 164 Cr.P.C., wherein, the accused had apparently admitted to have killed Budhni Orang. In her testimony, PW-3 has stated that the accused was produced before her at around 1-30 p.m. on 16/08/2010 when she was working as a Munsiff-cum-Judicial Magistrate, 1st class at Sivasagar. On being asked, the accused had stated that he was willing to make a confession. Accordingly, the PW-3 had sent the accused to judicial custody for reflection and directed the jail authorities to produce him back again on 17/08/2010 at 10 a.m. On that day, the accused was produced before her at 12 noon from the Jail Hazot whereby he was duly explained the consequences of making a confession. Despite being explained about such consequences, the accused maintained his willingness to make the confession. On being satisfied that the accused was voluntarily seeking to make confession, she decided to record his statement under Section 164 Cr.P.C., which is Ext.-1. PW-3 has confirmed that Ext. 1(1) was the relevant part of the confession made by the accused and Ext. 1(2) is the signature of the accused in the confessional statement. After recording the confessional statement of the accused under Section 164 Cr.P.C., he was sent back to judicial custody.

10. Pw-4 is the doctor on duty in the Sivasagar Civil Hospital, who had conducted the post mortem examination on the dead body of the victim. According to the post mortem report, following injuries were noticed in the dead body:-

"Wounds:

(1) 4" x 1" incised wound over left forearm, dept