Point of Law : Offence of Murder – Conviction set aside – Circumstantial Evidence – Chain of circumstances does not show link to each other.

JUDGMENT :

Suman Shyam, J

1. Heard Mr. N. Mahajan, learned counsel appearing for the appellant. We have also heard Ms. S. Jahan, learned APP, Assam, who has appeared on behalf of the State of Assam.

2. Assailing the judgment dated 11/02/2019 passed by the Additional Sessions Judge (FTC), Darrang, Mangaldoi, in connection with Session Case No. 149 (DM)/2016 whereby, the sole appellant was convicted under Section 302 of the Indian Penal Code (IPC) for committing the murder of her mother-in-law Moheswari Nath and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 5,000/-, in default, to undergo rigorous imprisonment for 3(three) months, the present appeal has been preferred.

3. On 14/07/2015, the husband of the appellant i.e. the son of the deceased, viz. Sri Uday Kumar Nath had lodged an ejahar with the Officer-in-Charge, Sipajhar Police Station, Darrang (Assam), informing that at around 8.00 a.m. on that day, his wife (appellant) had a quarrel with his mother (deceased) over some domestic issues and in course of the quarrel, she got enraged and killed his mother by hacking her neck. His mother was lying dead in the house.

4. On receipt of the ejahar dated 14/07/2015, Sipajhar P.S. case No. 456/2015 was registered under section 302 of the IPC and the matter was entrusted to Sub-Inspector (SI) Khitish Deka to carry out the investigation. On completion of investigation, the I.O. had submitted charge sheet against the appellant under section 302 of the IPC. Based on the same, charge was framed against the appellant under section 302 of the IPC. Since the appellant had pleaded innocence, she was subjected to trial by the court of Additional Sessions Judge (FTC), Darrang, Mangaldoi.

5. There is no eye witness to the occurrence and the prosecution case is entirely based on circumstantial evidence. In order to prove the charge, the prosecution had examined as many as 8 (eight) witnesses. The case of the accused was one of total denial. However, the defence side did not adduce any evidence.

6. Upon completion of trial, the learned trial Court was of the view that the charge brought against the appellant under section 302 of the IPC was proved beyond reasonable doubt on the basis of circumstantial evidence. The learned trial Court has also held that the deceased was last seen alive with the appellant at her house on 14/07/2015, and therefore, based on the “last seen together” theory, the appellant was convicted under section 302 of the IPC.

7. Assailing the impugned judgment, Mr. Mahajan has argued that the theory of “last seen together” is a weak piece of evidence and in the absence of any corroborating evidence available on record, the learned trial Court had committed an error in holding that the charge brought against the appellant has been proved beyond reasonable doubt. It is also the submission of Mr. Mahajan that the prosecution has failed to establish each link in the chain of circumstances so as to prove the charge brought against his client beyond reasonable doubt. Contending that the failure on the part of the I.O. to link the seized ‘dao’ with the accused is a fatal defect in the prosecution case, the benefit of which must go in favour of the accused/appellant. In support of his above arguments, Mr. Mahajan has relied on the decision rendered in the case of Majid Ali Vs. State of Assam reported in (2022) 1 GLT 99 and also the decision of the Hon’ble Supreme Court rendered in the case of Jaswant Gir Vs. State of Punjab reported in (2005) 12 SCC 438.

8. Ms. S. Jahan, learned APP, Assam, on the other hand, has argued that the incident took place inside the house of the informant wherein, he was living with his mother (deceased), wife (appellant) and son. The dead body, with fatal injuries, was also found inside the house on the day of the occurrence and there is no proper explanation from the accused person as to the circumstances under which the deceased had suffered such grievous injuries leading to her de