IMPORTANT POINT
The confession made by the accused, along with corroborating evidence, can establish guilt beyond reasonable doubt, especially when denial during examination lacks credibility.

JUDGMENT :

(Budi Habung, J.) :

1. This appeal is directed against the judgment dated 11.11.2019 and order on sentence dated 16.11.2019, passed by the learned Session Judge, Khonsa, in Session Case No. 45/2019, convicting the accused Shri Monjit Sonowal under Section 302 of the Indian Penal Code (for short IPC hereinafter) and sentencing him to undergo rigorous imprisonment for life and a fine of Rs.10,000/- and in default to undergo simple imprisonment of 2 (two) months.

FACTS OF THE CASE

2. The present case has arisen due to recovery of one unidentified female dead body from the jungle situated between Kherem Bisa village and Bisa Agro Tea Estate in almost decomposed stage infected with maggots. On 12.11.2016, PW-6 Smti. Monika Bhumij along with her friends Rina Sonar and Anita Bhumij while proceeding towards Bisa Agro Tea Estate had sensed some foul odour and following the odour, they saw one unidentified female dead body lying in a decomposed state. Thereupon, they had informed the matter to one Jiten Bhumij (PW-1), who then had informed the matter to the Manager of the Bisa Agro Tea Estate, and filed a written FIR before the O.C. of P.S- Bordumsa which was registered as Bordumsa P.S Case No. 32/16 under section 302 IPC and investigated into.

3. During the course of investigation, the I.O. of the case PW-13, visited the spot, drew rough sketch map, took photographs of the unidentified dead body from various angles, held inquest over the dead body, examined the informant and other witnesses and recorded their statement under section 161 Cr.P.C. and as the dead body was not in a position to be carried to the CHC, Bordumsa, on requisition, Dr. K. Mongchan (PW-14) conducted post mortem examination over the dead body on the spot. The I.O. also seized part of the white kurti and black leggings, undergarment and one stiller (banger) from the dead body. One piece of grey coloured with red strap ladies chappal was recovered from near the dead body and seized by the I.O. Shri Binod Mura (PW-12), identified the dead body of the deceased to be one Ratni Mura. He identified the body from the photographs, seized wearing garments and chappal of the deceased. He further disclosed that late Ratni Mura was having a love affair with one Monjit Sonowal of Kherem Kasari village. On getting the said information, the I.O. had arrested the accused Monjit Sonowal. On interrogation, accused Monjit Sonowal admitted that he had an affair with the victim girl late Ratni Mura and confessed that he had killed the deceased. The accused further admitted that since the deceased, Ratni Mura was pregnant, he decided to eliminate her and took her to the road between Bisa Agro Tea Estate and Khouji Pathar village on 07-08.11.2016 at around 0300 hours and strangulated her with his bare hands and dragged her body towards the bushes and concealed the dead body. The accused also disclosed that he threw the chappal and money purse (wallet) of the deceased on the other side of the jungle. On further interrogation, the accused led the police to the spot on 17.11.2016, and effected the recovery of the money purse of the deceased from the jungle nearby the P.O.

4. The accused then was forwarded to the Judicial magistrate First Class before whom he had given a confessional statement under section 164 of the Code of Criminal Procedure. He had also made an extra judicial confession before his friends namely Purojit Sonowal (PW-7), Debojit Sonowal (PW-8) and Probal Sonowal (PW-9) at a marriage party at Kherem Khosari earlier on 08.11.2016, stating that he had killed his girl friend.

5. On completion of investigation based on the evidences collected and confessional statement of the accused coupled with the corroborating statement of the witnesses, the IO found prima facie case well established against the accused for commission of an offence punishable under section 302 IPC and accordingly, a charge sheet was laid against the accused, Monjit Sonowal under section 302 IPC.

6. The p