JUDGMENT :

Mir Alfaz Ali, J.

1. Learned Sr. counsel Mr. HRA Choudhury, assisted by Mr. Azad Ahmed, Advocate for the appellants and learned Addl. P.P., B. Bhuyan for the State as well as learned Counsel Ms. M. Bora for the informant were heard.

2. This appeal is directed against the judgment and order dated 16-12-2018 rendered by the learned Addl. Sessions Judge, Tinsukia at Margherita, in Sessions Case No. 226(M)/2015, whereby the appellants were convicted u/s. 376/302 IPC and sentenced to rigorous imprisonment for life and to pay fine of Rs. 10,000/- with default stipulation on each count.

3. The prosecution case as unfolded at the trial, may, in brief, be stated thus:- The victim was the sister of the informant (PW-3). On 29-08-2015 she was coming home from Margherita. She alighted from the bus at Ledo Burma Camp, at about 2.40 PM, wherefrom she was supposed to come on foot to cross the river Tirap so as to reach home. The victim however, did not reach home and she went missing. Her body was found lying in a jungle in the evening, on the southern side of the embankment of river Tirap. Immediately police was informed over phone and the local people also assembled at the place of occurrence, where the body was found. On the following day i.e., 30-08-2015, a formal FIR was lodged by the brother of the victim, on the basis of which, police registered Margherita PS Case No. 228/2015 u/s. 376/302 IPC. During the course of investigation, police arrested few suspects, recorded the statement of the witnesses, subjected the body to post mortem examination, seized various articles including the wearing apparels of the victim as well as of the suspects, collected the blood samples of the accused, sent them for forensic examination, collected the FSL report and upon completion of investigation submitted charge sheet against the appellants u/s. 376(g)/302/34 IPC.

4. During trial learned Addl. Sessions Judge framed charges against the appellants u/s. 376/302 IPC, to which, the appellants pleaded not guilty. In order to substantiate the charges, prosecution examined 18(eighteen) witnesses. Upon completion of the prosecution evidence, the appellants were examined u/s. 313 Cr.P.C. wherein, they pleaded innocence. However, the appellants did adduce any defence evidence.

5. Dr. Nirud kr. Borah, who conducted the post mortem examination has been examined as PW-1. According to PW-1, following injuries were found on the body of the deceased:-

"(i) In the middle of the forehead, a punctured mark of pin head size was found.

(ii) Contusion on the back of left ear of size 3 cm x 5 cm caused by blunt object.

(iii) A ligature mark encircling around the neck above cricoid cartilage, size 3 cm in breadth. Petechial hemorrhages were present on both upper and lower margins of the ligature mark.

3 Nos. of sickle shaped faint nail marks were present on the right side of neck.

3 Nos. of nail scrapping marks present above the upper border of ligature mark, in the mid line.

(iv) One ecchymotic area of size 4 cm x 3 cm on lateral border of left bicep muscle present.

(v) One ecchymotic area of size 6 cm x 4 cm is present over the right bicep muscle present. Clotted blood of about 90 ml present plugging the vaginal canal. After removal of the cloth, a perforated wound of size 2 cm x 1 cm and muscle depth was present on the left lateral wall of the vagina canal."

6. In the opinion of the doctor "death was due to asphyxia, as a result of occlusion of the air passage (trachea) by a ligature, which was consistent with strangulation. All the injuries were ante-mortem; except for the vaginal injury, all other injuries were caused by blunt force impact. Vaginal injury was caused by forceful penetration by multiple objects. Time since death 24 to 35 hours. The injuries were homicidal in nature. Apart from strangulation, injury No. (ii) is individually sufficient to cause death of a person". During cross-examination, it was elicited that he did not examine the nails of the deceased.

7.