JUDGMENT :

Songkhupchung Serto, J.

1. This is a Criminal Appeal directed against the Judgment and Order dated 02.09.2014 and the order dated 28.10.2014, passed by the learned Sessions Judge, West Sessions Division, Yupia in Sessions Case No. 132/2010 arising out of Ziro P.S. Case No. 22/2010 under Section 302 & 436 of the Indian Penal Code, wherein, appellant/accused herein, was convicted of the offences punishable under the sections of the Indian Penal Code mentioned above and, sentenced to Rigorous Imprisonment for life with a fine of Rs. 10,000/- with default stipulation and also sentenced to undergo Rigorous Imprisonment of 5(five) years with a fine of Rs. 5,000/- with default stipulation and, directed that the 2(two) terms of imprisonment should run concurrently.

2. Heard Ms. D. Yoka, learned Amicus Curiae appearing for the appellant, Mr. T. Ete, learned Addl. Public Prosecutor appearing on behalf of the State of Arunachal Pradesh and Mr. K. Dubey, learned counsel who appears on behalf of complainant/respondent No. 2.

3. The facts and circumstances which led to the filing of this appeal briefly stated are as follows;

On 06.04.2010, an FIR was registered by the Officer-in-Charge of Ziro Police Station on a complaint submitted by one Shri Habung Obing, S/o the deceased/victim which stated that his mother has been murdered at their residence situated at Sululya, Ziro with a dao during the previous night-around 10:00 P.M. inside her shop attached to their house and thereafter, their house have been set on fire to destroy the evidence. It was also stated that one Nyishi man was seen sitting with his mother by his younger brother Shri Habung Loder around 09:00 PM of that day. After the registration of the FIR one Mr. K. Ronya, S.I. was entrusted with the investigation. In pursuance of the endorsement, the I.O. of the case took up the investigation and as part of the investigation, the I.O. caused the Post Mortem conducted over the dead body and arrested the appellant/accused who was absconding and, after all the formalities of the investigation was completed, submitted the Charge Sheet wherein the appellant/accused was charged of the offence under Section 302 & 436 of the Indian Penal Code. After hearing the charge, the learned Sessions Judge, West Sessions Division, Yupia took cognizance of the offence against the appellant/accused and proceeded with the trial. During the trial, as many as 10(ten) PWs were examined. On being satisfied that there are sufficient evidence proving that the appellant/accused was guilty of having committed the offence charged against him, the Trial Court gave the appellant/accused an opportunity of explaining the incriminating circumstances against him under Section 313 of Cr.P.C. Thereafter, the learned Sessions Judge, West Sessions Division, Yupia heard the learned Public Prosecutor and the defence counsel and on careful examination of the evidence came to the conclusion that the appellant/accused was guilty of having committed the offence punishable under Section 302 & 436 of the Indian Penal Code. Accordingly, the appellant/accused was convicted vide the impugned judgment and order dated 2.9.2014 and sentenced him to the terms of imprisonment and fine stated above in the order dated 28.10.2014.

4. Being aggrieved by the impugned judgment and order and the sentence order, the appellant/accused is before this Court.

The grounds on which the appellant/accused assailed the impugned judgment and order, as given in the appeal memo, are reproduced here below:

"I) For that the learned Trial Court failed to appreciate that there is no eye witnesses or direct evidence who has seen the commission of murder and there is no sufficient evidence against the appellant/accused for conviction;

(II) For that learned Trial Court failed to appreciate the evidence available on records and there by erred in law and fact in holding the appellant guilty of offence under Section 302/436 of IPC based on surmise, presumption and n