The court established that circumstantial evidence must form a complete chain to prove guilt, and the failure of the appellant to explain the injuries sustained by the deceased led to conviction under Section 304-I IPC.

JUDGMENT :

Heard Ms. Padmini Baruah, learned counsel appearing for the appellant. Also heard K. Baishya, learned Addl. P.P., Assam, for the State respondent.

2. Judgment and order, dated 12.04.2023, passed by the learned Sessions Judge, Sivasagar, in Sessions Case No. 01(S-N) of 2019 u/s 302 IPC, is challenged in this appeal by the appellant, namely, Parameswar Rajowar. It is to be noted here that vide impugned judgment and order, dated 12.04.2023, the learned Court below has convicted the appellant – Parameswar Rajowar, under Section 304-II of the IPC, and sentenced him to suffer rigorous imprisonment for a period of 7 years and also to pay a fine of Rs.2,000/-, with default stipulation.

3. The background facts, leading to filing of the present appeal, is adumbrated herein below:-

“On 16.08.2018, one Padmeswar Rajowar, resident of Bon Bagicha, Ward No. 9, Dergaon, Golaghat, lodged one FIR with the Officer-in-Charge of Nazira P.S., to the effect that one Parameswar Rajowar of Chakimukh got married with his nice Anima Rajowar about two years back. Then on the night of 14.11.2018, at around 09.00 pm, Parameswar Rajowar informed him over phone that he administered few blows to Anima Rajowar and asked him to come to his house immediately. Then on 15.11.2018, he came to know that Parameswar Rajowar assaulted Amina Rajowar and injured her seriously, and thereafter, he got her admitted at Assam Medical College Hospital. Then he left for Dibrugarh and found Anima Rajowar admitted at Aditya Nursing Home and her condition is serious.

Upon the said FIR, the Officer-in-Charge of Nazira P.S., registered a case, being Nazira P.S. Case No.236/2018, under Sections 325/307 IPC and endorsed S.I. Sk. Rahimuddin Ahmed to investigate the same. Thereafter, on 17.11.2018, Anima Rajowar suffered demise, during the course of treatment. Accordingly, on the prayer of the I.O. the learned Sub-Divisional Judicial Magistrate (M), Nazira had added section 302 IPC, approving his prayer. During the course of investigation, the I.O. had visited the place of occurrence, prepared Sketch Map of the place of occurrence and examined the witnesses and got the Inquest and Post Mortem conducted on the dead body of the deceased and collected the reports, and arrested the accused and forwarded him to the court. Then on completion of investigation, the I.O. had laid charge sheet against the accused Parameswar Rajowar, to stand trial in the court under sections 302 IPC.

Thereafter, the case was committed to the Court of learned Sessions Judge, Sivasagar. Then on production of the appellant, the learned Court below, after complying with the provision of Section 207 Cr.P.C. and after hearing learned Advocates of both sides, had framed charge against the appellant under Section 302 IPC and on being read over and explained over, the appellant pleaded not guilty to the same. Thereafter, the learned Court below had examined as many as ten witnesses, including the Medical Officer and the Investigating Officer and thereafter, closing the prosecution evidence, the Court below had examined the appellant under Section 313 Cr. P.C. Thereafter, the appellant had examined two witnesses in his defence. Thereafter, hearing arguments of both sides, the learned court below has convicted the appellant under Section 304-II IPC and sentenced him, as aforesaid.”

4. Being highly aggrieved, the appellant preferred this appeal challenging his conviction and sentence and to set aside the same on the following grounds:-

(i) That, the learned Court below had erred in law and facts, in passing the judgment and order dated 12.04.2023.

(ii) That, the learned Court below ought not to have convicted the appellant ignoring the serious contradictions and inconsistencies in the depositions and evidence of the prosecution witnesses and as such the impugned judgment and order is liable to be set aside;

(iii) That, the learned Court below had arrived at the finding that the death of the victim is homicidal in nat