Point of Law: Merely being relatives of deceased or injured is no ground to reject testimony of witnesses who are otherwise found to be trustworthy and reliable.

JUDGMENT :

Mridul Kumar Kalita, J.

1. This criminal appeal has been registered on receipt of an appeal petition from the appellant, namely, Doman Mardi, who has been detained in District Jail, Udalguri, through the Superintendent District Jail, Udalguri. In this appeal, the judgment delivered by the learned Sessions Judge, Udalguri in Sessions Case No. 116(U)/2014, on 30.06.2017, has been impugned. By the said judgment, the present appellant along with one Sona Besra @ Mandal were convicted under Section, 302/34 of the Indian Penal Code and also under Sections 376/34 of the Indian Penal Code and they were sentenced to undergo rigorous imprisonment for seven years under Section 376/34 of Indian Penal Code and also sentenced to undergo imprisonment for life and to pay fine of Rs.1,000/-and in default of payment of fine to undergo rigorous imprisonment for one month under Section 302/34 of the Indian Penal Code. Both the sentences were directed to run concurrently.

2. The facts relevant for adjudication for this jail appeal, in brief, are as follows:-

(i) That on 14.10.2023, the first informant “X”(real name not disclosed) had lodged an FIR before the Officer-in-charge of Mazbat Police Station, inter alia, stating that on 13.10.2013, at about 7.30 P.M. she along with her mother “Y” (real name not disclosed)and her minor son were on the way back to the home from Udalguri. At that time, the appellant along with one Sona Besra @ Mandal attempted to commit rape on both the first informant and her mother in secluded place at Kadabeel Kahijungle on the bank of river Bhutiamari. It is stated in the FIR that somehow the informant could escape with her son from that place, however, the accused persons raped her mother and thereafter killed her and left her dead body there. It is also stated in the FIR that as it was night and the people of her village were busy in Durga Puja, no search was made on that night and on the following morning, the dead body was found at the said place of occurrence and injuries were found on the dead body.

(ii) On receipt of the said FIR, the Mazbat P.S Case No. 47/13 under Sections 376/302/34 of IPC was registered and investigation was initiated. On completion of the investigation, the charge-sheet was laid against the present appellant, namely, Doman Mardi and one Sona Besra @ Mandal under Sections 376/302/34 of IPC. The present appellant as well as Sri Sona Besra @ Mandal faced the trial remaining in custody. During trial, the prosecution side examined twenty prosecution witnesses and sixteen documents were exhibited as Ext. 1 to Ext. 16. The present appellant was examined under Section 313 Cr.P.C. during which he denied his involvement in the alleged offences and pleaded his innocence. However, by the judgment which is impugned in this appeal, learned Sessions Judge, Udalguri convicted and sentenced the present appellant as well as co-accused, namely, Sona Besra @ Mandal in the manner as described in paragraph No. 2 herein above.

(iii) It is pertinent to mention herein that the co-accused, namely, Sona Besra @ Mandal had also filed one jail appeal which was registered as Criminal Appeal (Jail) No. 63/2017 wherein it was found that the accused Sona Besra was minor at the time of commission of the alleged offence hence, his conviction under Sections 376/302 of IPC was set aside and the matter was remitted back to the jurisdictional Juvenile Justice Board through the learned Sessions Judge, Udalguri for doing needful in accordance with law.

3. We have heard Mr. D. Talukdar, learned counsel for the petitioner as well as Ms. B. Bhuyan, learned Additional Public Prosecutor and Ms. K. Phukan, learned counsel appearing for the informant. Before considering the submissions of learned counsel for both sides, let us go through the relevant evidence on record.

4. PW-1, “X” who is the first informant of this case, has deposed that the appellant is known to her and the incident took place, at about 6 to 7 p.m., when she was ret