A confession made to a police officer is inadmissible, and in circumstantial evidence cases, the prosecution must establish a complete and unbroken chain of evidence for conviction.

JUDGMENT :

MANISH CHOUDHURY, J.

1. The present criminal appeal from Jail under Section 383 , Code of Criminal Procedure, 1973 is preferred by the accused-appellant to assail a Judgment and Order dated 06.12.2019 passed by the learned Sessions Judge, Dibrugarh in Sessions Case no. 14/2016. During the trial, the accused-appellant was charged for the offence of uxoricide and after the trial, he has been found guilty for the offence of uxoricide under Section 300 of INDIAN PENAL CODE [‘IPC’ or ‘Penal Code’, for short] and has been sentenced under Section 302 , IPC. By the Judgment and Order, the accused-appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine, to undergo rigorous imprisonment for another one month.

2. The genesis of the prosecution case is traceable to a General Diary Entry no. 88 dated 04.10.2015 registered at 12-27 p.m. in Namrup Police Station. It was at about 12-27 p.m. on 04.10.2015, the President of Village Defence Party [VDP] of Abhoypur Village, Mukut Gogoi [P.W.2] made a telephone call to Namrup Police Station to inform about the killing of Mrinali Urangia by the accused, after he came to know about it from the villagers. On receipt of the telephonic information, the General Diary Entry no. 88 dated 04.10.2015 [Ext.-13] was registered and the charge of investigation was entrusted to Deepak Sutradhar [P.W.9], a Sub-Inspector of Police attached to Namrup Police Station by the Officer In-Charge, Namrup Police Station. As the place of occurrence [P.O.] was the house of the accused and the deceased, the I.O. [P.W.9] proceeded to the P.O. immediately thereafter by registering a General Diary Entry no. 89 dated 04.10.2015 at 12-40 p.m. As the deadbody of the deceased, Mrinali Urangia was found lying in a vegetable garden in the backside of the house of the accused and the deceased, the inquest on the deadbody was held at the P.O. itself by the Circle Officer & Executive Magistrate, Naharkatia Revenue Circle. After completion of the inquest proceeding, an Inquest Report [Ext.-1] was prepared wherein the prosecution witness, Rajendra Urangia [P.W.1], Mukut Gogoi [P.W.2], Tankeswar Gogoi [P.W.3] and Deepak Sutradhar [P.W.9] signed as witnesses. In the Inquest Report [Ext.-1], it was reported that the approximate date and time of death was 11-00 a.m. on 04.10.2015. In the Inquest Report [Ext.-1], it was further recorded that the deadbody was found covered with blood stains, with grievous injuries over the cheek and neck, right hand and over the abdomen, allegedly with sharp weapon. After holding inquest, the deadbody of the deceased was sent to the Assam Medical College & Hospital [AMC&H], Dibrugarh for post-mortem examination.

3. It was the son of the accused, P.W.1, Rajendra Urangia who brought the allegation of uxoricide against the accused formally by appearing in person in Namrup Police Station at 06-30 p.m. on 04.10.2015. On the basis of information given by P.W.1 -Rajendra Urangia, the Officer In-Charge, Namrup Police Station registered and entered another entry in the General Diary vide General Diary Entry no. 98 dated 04.10.2015 [Ext.-9]. As per the said General Diary Entry, the P.W.