Point of Law: It is cardinal principle of criminal jurisprudence that incriminating recoveries can be used to corroborate substantive evidence.

JUDGMENT :

(Sandeep Mehta, J.)

1. These two Criminal Appeals(J) have been preferred by the appellants herein, namely, Sri Jiten Gowala, and Sri Paresh Tasa, for assailing the judgment and order dated 19.12.2016/ 20.12.2016, passed by the Additional Sessions Judge, Golaghat, in Sessions Case No. 200/2014, whereby the appellants herein were convicted for the offence punishable under Section 302 IPC and were sentenced to rigorous imprisonment for life and fine of Rs. 1,000/-, in default of payment of fine to undergo further simple imprisonment for six months each. They were also convicted for the offence punishable under Section 201 IPC and were sentenced to undergo rigorous imprisonment for two years and fine of Rs. 500/-, in default of payment of fine to undergo further rigorous imprisonment three months each. Both the sentences were ordered to run concurrently.

2. The brief facts relevant and essential for disposal of the appeals at hand are noted hereinbelow:

One Bimal Saikia (PW1) lodged a written Ejahar (Ext. 10) to the Officer-in-Charge, Barpathar Police Station, on 21.04.2013 alleging inter alia that on 17.04.2013 his son-in-law Mukul Gogoi (deceased), aged about 30 years, left his house to enjoy ‘Bihu feast’. After participating in the ‘Bihu feast’, while Mukul Gogoi was returning to his home at about 9:30 P.M., an altercation took place between him and accused, Jiten Gowala, at the gate of the house of the accused, whereupon one Kukheswar Phukan (PW-3) intervened and resolved the quarrel. Thereafter all concerned were sent back to their respective homes. However, his son-in-law had not returned home till the date of lodging of the FIR. The informant suspected that the accused might have committed some untoward act with Mukul Gogoi. On the basis of this report, Barpathar P.S. Case No. 67/13 was registered for the offences punishable under Sections 341/342/352 IPC and investigation was commenced.

The prosecution claims that the dead body of Mukul Gogoi was found in a jute gunny bag floating in the Dhansiri River ten days after he had gone missing. The Seizure Memo. in respect of the dead body (Ext. 4) was prepared on 30.04.2013, wherein there is no such indication that the jute gunny bag was discovered in pursuance of any information provided by the accused. The dead body of Mukul Gogoi was subjected to post mortem/ autopsy at K.K. Civil Hospital, Golaghat, at the hands of Dr. Mukul Sarma (PW-12). In the post mortem report it was noted that the dead body was decomposed, maggots were present, wound was detected on the skull fronto-temporal region of the head, nasal bone was fractured, there were also fractures on upper limbs and the lungs were ruptured. It was opined that the death was caused due to shock and haemorrhage as a result of the injuries sustained by the deceased and that the injuries were antemortemin nature.

The date of arrest of the accused in this case is not known because, as has been seen in numerous cases, the Arrest Memos. of the accused were never exhibited at the trial. Be that as it may. It is further claimed by the prosecution that on 29.04.2013, one Sri Moon Gogoi (PW-17), the Revenue Circle Officer of Sarupathar Revenue Circle was deputed to remain present at the police station as an Executive Magistrate in connection with recording of the disclosure statement of the accused leading to the discovery. He claims to have gone to the police station from where the accused Jiten Gowala led the Investigating Officer and the police staff to the bank of Dhansiri River. It is further claimed that at that time the accused made a disclosure statement that after killing the deceased, the dead body was put in a gunny bag and was thrown into the river. The Investigating Officer also claimed to have recovered an iron rod at the instance of the accused Paresh Tasa and a bicycle at the instance of accused Jiten Gowala. However, no forensic investigation was carried out regarding these articles.

After concluding the i