The main legal point established in the judgment is the admissibility and reliability of extra-judicial confessions as a form of evidence, along with the consideration of circumstantial evidence in establishing guilt beyond reasonable doubt.

JUDGMENT :

Kardak Ete, J.

Heard Mr. A. Choudhury, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam.

2. This criminal appeal is preferred by the appellant against the judgment and order dated 09.03.2017 passed by the Court of Sessions Judge in Sessions Judge, Sonitpur at Tezpur, in sessions Case No.08/2016, whereby the appellant Sri Betalus Ekka has been convicted under Section 302, IPC 1860 for committing the murder of his brother Bosco Ekka and sentenced to undergo Rigorous Imprisonment (RI) for life and also to pay a fine of Rs. 5,000/- (Rupees Five Thousand) only and in default to undergo Rigorous Imprisonment (RI) for 6 (six) months.

3. The case of the prosecution, in nutshell, is that on 19.11.2015 an ejahar was lodged by one Sri Ignesh Minse before the Officer-In-Charge of Rangapara Police Station alleging that on or about 10 pm at night of 18.11.2015 Sri Betalus Ekka killed his brother Bosco Ekka by means of axe in the course of a quarrel. After assaulting the deceased, Sri Betalus Ekka informed the informant. On receipt of the ejahar, the Officer In-Charge Rangapara Police Station has registered a case being Rangapara. P.S. Case No.18/2015 under Section 302 IPC, 1860. On completion of investigation, the Officer In-Charge, Rangapara Police Station, filed a charge-sheet against the appellant under Section 302, IPC. The learned Judicial Magistrate, 1st Class, Tezpur committed the case being GR Case No.3139/2015 to the Court of Sessions, Sonitpur, Tezpur on 08.01.2015. On 12.01.2016, charge has been framed against the appellant/accused Betalus Ekka under Section 302, IPC 1860. The charge was read over and explained to the accused person to which the accused person/appellant pleaded not guilty.

4. During the course of trial, the prosecution has examined 7 (seven) numbers of witnesses. After completion of prosecution witnesses, the appellant/accused was examined under Section 313 Cr.P.C. The defence plea is total denial and accused declined to adduce evidence. Upon consideration of the evidenced adduced on record, the learned Trial Court concluded that the prosecution has been able to proved the charge that the accused assaulted the deceased Bosco Ekka severely causing fatal injury resulting in his death and accordingly appellant Sri Betalus Ekka has been convicted under Section 302, IPC 1860 for committing the murder of his brother Bosco Ekka and sentenced to undergo Rigorous Imprisonment (RI) for life and also to pay a fine of Rs. 5,000/-(Rupees Five Thousand) only and in default to undergo Rigorous Imprisonment (RI) for 6 (six) months.

5. Mr. A. Choudhury, learned counsel for the appellant after taking this Court to the depositions of the prosecution witnesses has submitted that PW-1, Alexa Ekka wife of the victim/deceased gave two different versions and accordingly, was declared hostile. He further submitted as follows:-

a. PW-2, Gabrial Topno had deposed that he alongwith Lajrush went to the house of Gaonburah Ignis Minse and accused Betalus told Gaonburah that he has killed his elder brother. In the cross examination he stated that he had consumed liquor. He further deposed that it was he on his own informed the Gaonburah and Lajrush about the incident. He further deposed that there was a village meeting before making statements before the police. He also deposed that, he did not state before the police that accsued had disclosed before the Gaonburah that he had killed his elder brother.

b. PW-3, Prem Uday Suren, former V.D.P. Secretary, had deposed that Gaonburah/PW.4 told him that the accused has killed his elder brother. In the cross he had stated that earlier an FIR was lodged by Gaonburah but found to be incorrect so he lodged the 2nd FIR Exhibit-1. He also deposed that he did not state before the police that the accused told him that he has killed elder brother. He also stated that he has not heard by his own that Betalus had informed the Gaonburah that he had killed