The main legal point established in the judgment is the application of circumstantial evidence and the burden of proof under Section 106 of the Evidence Act in cases where the accused fails to provide a reasonable explanation for the events.

JUDGMENT

N. Kotiswar Singh, J. - Heard Mr Mrinmoy Dutta, Ld. Amicus Curie for the appellant and Ms. B. Bhuyan Ld. Additional Public Prosecutor, Assam for the State.

2. The present appeal has been preferred against the judgement and order dated 18/07/2018 passed in Sessions Case No. 96 (T) of 2016 by the Court of Sessions Judge, Tinsukia convicting the appellant under Section 302 I.P.C. and the sentencing him to undergo Rigourous Imprisonment for life.

3. The facts of the case as unfolded in course of the trial in brief are that an FIR was lodged on 20/04/2016 by the younger brother of the deceased Smt. Saraswati Bhumij that on the previous night of 19/06/2016, her husband the appellant herein, assaulted her and on proceeding to his sister's place he found her lying dead inside the house, suspected of being killed by the appellant.

4. An investigation was accordingly carried out and on completion of the same, the appellant was charge sheeted. The prosecution examined as many as 8 (eight) witnesses. The defence, however, denied the charges and did not adduce any evidence. The Ld. Sessions Judge on the basis of the testimonial and other evidences brought on record convicted the appellant under Section 302 IPC.

5. As can be seen from the records, there was no eyewitness as to the commission of the crime, but there were circumstantial evidences clearly pointing the guilt to the appellant.

6. Sri Gram Bhumij was the P.W.1, who testified that the deceased was his stepmother and the appellant, his father. He stated that his younger sister, Gita, (P.W.5) came to his house and told him that her mother was not found in the house and asked him to search for her. He then went to the house of the stepmother and upon searching found her in a pond and by that time she had died. He then brought out his stepmother from the pond. He also noticed injury marks on her upper lip. P. W. 1 also stated that the relation between his father and the stepmother was strained and they used to quarrel frequently and as his father used to create nuisance in the house, he resided separately.

7. Sri Gram Sawashi, P.W.2, lived in the neighbourhood of the appellant. He testified that one day in the morning at about 9 AM, the appellant came to him and told him that his wife had high fever in the night and she died in the morning. When he went to the house of the appellant, he found the dead body lying on the ground, but he noticed injury mark on her upper lip. He also stated that when he enquired from the neighbours, they told him that the deceased had high temperature the night before and as such she died. P.W. 2 was declared hostile on the prayer of the Prosecution and was cross-examined by the Prosecution. He admitted that he came to know in the morning at about 7 AM that he learnt from the people in the locality that the wife of the appellant was lying dead in the pond. He also admitted that he had stated before the police that he had heard from the villagers that on the previous night, the appellant had a quarrel with the deceased after taking liquor and the he killed her and had thrown her in the pond. On being cross-examined by the defence, P.W. 2 stated that he heard from the villagers that the deceased had a high fever and as such she jumped into the pond.

8. P.W. 3 is the younger sister of the deceased. She was not an eyewitness. She was also informed by the daughter of the deceased that the appellant had a quarrel with the deceased the previous night and the appellant assaulted her with a bottle and thereafter thrown her in the pond and later she was brought back in the morning in dead condition. P.W. 3, thereafter, lodged the ejahar in the police station. She was a witness to the inquest report and she stated that she had noticed injury on the head of the deceased. She also stated that the relation between the appellant and the deceased was not cordial as they used to quarrel.

9. P.W. 4 was the President of Assam Chaa Majdoor Sangha of Nalini Tea Estate and he k