Point of Law: In the absence of any corroborating evidence, it would be highly unsafe to the award conviction for committing murder solely on the basis of medical evidence.

JUDGMENT :

Suman Shyam, J.

Heard Mr. A. Chamuah, learned counsel for the appellants. We have also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing for the State. None has appeared for the informant/ respondent in this case.

2. The five appellants, have approached this Court by presenting the instant appeal against the common judgment dated 13-07-2015 passed by the learned Sessions Judge, Nagaon in Sessions Case No. 104(N)/ 2009 convicting them under Section 302 read with Section 34 of IPC and sentencing each of them to undergo rigorous imprisonment for life and also to pay fine of Rs. 10,000/- each with default stipulation.

3. The prosecution case, as unfolded from the materials available on record, is to the effect that the victim Tuni Bora had eloped with the appellant No. 2 Jayanta Saikia and got married with him about 1 year 4/5 months prior to the date of the incident. On 26-04-2009, Tuni Bora committed suicide in the premises of the house of the appellants by hanging herself with a rope from a (Jamun) blackberry tree. According to the prosecution, the victim was compelled to commit suicide being unable to withstand the torture meted out to her by the accused persons.

4. On 27-04-2009, Sri Indra Bora, i.e. the father of the victim had lodged an ejahar with the Officer-in-Charge of Nonoi Police Outpost informing him that his daughter, having been unable to face harassment as well as mental and physical torture meted out by her husband Jayanta Saikia, had committed suicide on 26-04-2009 by hanging herself from a “rose apple tree” behind their house. Upon receipt of the FIR, the Police from the Nonoi Outpost made G.D. Entry No.376, dated 27-04-2009 and forwarded the FIR to the Officer-in-Charge (O/C) of Nagaon Police Station for registering a case. Accordingly, Nagaon P.S. Case No. 534/2009 was registered under Section 498(A)/306 IPC against all the accused persons, who are the members of the same family and the matter was taken up for investigation. On completion of investigation, charge-sheet was laid against the five appellants/accused persons viz. Babul Chandra Saikia @ Bohola, Jayanta Kumar Saikia, Indumati Saikia, Dipali Saikia and Mamoni Saikia under Section 498(A)/302 IPC. Be it mentioned herein that Jayanta Saikia is the husband of the deceased, Babul Ch. Saikia and Indumati Saikia are his father and mother respectively and Dipali Saikia and Mamoni Saikia are his sisters. It appears from the record that on the basis of the charge-sheet submitted by the Investigating Officer (I/O), the learned Sessions Judge, Nagaon, by the order dated 12-08-2009, had framed formal charge against the accused persons under Section 306/ 498(A) read with Section 34 IPC. It further appears that subsequently, by another order dated 03-01-2015, the learned Sessions Judge had re-framed the charge under Section 302/34 of the IPC against all the accused persons.

5. Prosecution had examined 11 (eleven) witnesses so as to bring home the charge brought against the accused persons. Out of the eleven witnesses, PW-6 and PW-7 were recalled and examined twice. After recording of evidence of the prosecution side, the statement of the accused persons were examined and their statements recorded under Section 313 of the Cr.P.C., whereby they had denied all the incriminating circumstances put to them. On conclusion of trial, the learned Addl. Sessions Judge, Nagaon had held that since the accused persons were admittedly staying in the same house with the deceased on the day of the incident and the body of the deceased was found hanging from the tree in their back yard with one of her legs touching the ground and considering the fact that there is no proper explanation from the accused persons as to the circumstances under which the victim had died, the case of the prosecution stood fully established on the basis of circumstantial evidence. The learne