IMPORTANT POINT
In cases of circumstantial evidence, the accused has a burden to explain circumstances within their knowledge, especially when the crime occurs in a private setting, and failure to do so can lead to a presumption of guilt.

JUDGMENT :

R. Phukan, J.

Heard Mr. B. Prasad, learned Amicus Curiae for the accused/appellant and Ms. B. Bhuyan, learned Senior Counsel & Additional Public Prosecutor, assisted by Ms. R. Das, learned Counsel for the respondent, State of Assam.

2. This appeal is preferred by the accused/appellant, namely, Shri Arun Tanti, from the District Jail, North Lakhimpur, challenging the correctness or otherwise of the judgment, dated 12.03.2020, and order of sentence, dated 16.03.2020, passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 62(NL)/ 2017.

3. It is to be noted here that vide impugned judgment dated 12.03.2020, the learned Sessions Judge, Lakhimpur, North Lakhimpur had convicted the appellant under Section 302 IPC and vide impugned order dated 16.03.2020, sentenced him to suffer imprisonment for life and to pay a fine of Rs.1,000/-, and in default of payment of fine, to suffer rigorous imprisonment for another two months.

4. The background facts, leading to filing of the present appeal, are briefly stated as under:-

“The accused/appellant, namely, Shri Arun Tanti is an inhabitant of No. 2 Balijan Gaon, under North Lakhimpur P.S. in the district of Lakhimpur. He had a wife and two daughters and one son and his elder daughter was already married off and she lived with her husband in his house and his younger daughter lived with him and his son resides in the house of his father-in-law as "Gharjamai". In the last Magh Bihu, the accused/ appellant came to the house of his younger brother, namely, Shri Monohar Tanti, who is the informant of this case and was examined by the prosecution as P.W.1, and reported that his wife Sumoti Tanti had passed away. Thereafter, the informant (P.W.1), along with other villagers, rushed to the house of the accused Shri Arun Tanti and found the dead body of his wife Sumoti Tanti, lying on the ground and blood was oozing out from the body and also found one wooden lathi lying behind the dead body. He also found the accused/appellant in a drunken condition and he could not speak. On earlier occasion also the accused/appellant frequently had picked up quarrel with his deceased wife, and six months back, he had also set fire on her hand and the local people are also aware of the same, and therefore, he suspected that last night the accused/ appellant had assaulted his wife to death with a stick. Then the informant had lodged one FIR (Ext.1) with the In-Charge, Lilabari Police Out Post.

On receipt of the FIR, (Ext.1), to this effect, from the informant Monohar Tanti (P.W.1), on 14.01.2017, the In-Charge, Lilabari Police Out Post recorded a G.D. Entry, being Lilabari O.P. G.D. Entry No. 204, dated 14.01.2017, and forwarded the same to the Officer In-Charge, North Lakhimpur P.S. for registering a case, and he had taken up investigation of the case. Upon the said FIR, the Officer In-Charge, North Lakhimpur P.S. registered a case being North Lakhimpur P.S. Case No. 56/2017, under Section 302 IPC and endorsed S.I. Lintu Borah, I/C, Lilabari Police Out Post to investigate the case.

Accordingly, the Investigating Officer (P.W.6) had visited the place of occurrence, examined the witnesses, drew a sketch map, (Ext.6), of the place of occurrence and held inquest on the dead body of the deceased and prepared the inquest report, (Ext.4), and arrested the accused, Shri Arun Tanti and forwarded him to the Court and sent the dead body for post-mortem examination at North Lakhimpur Civil Hospital and thereafter, collected the report, (Ext.2), and on completion of investigation, and having found a prima facie case well established against the accused/appellant, the I.O. (P.W.6) laid charge-sheet, being charge-sheet No. 115/2017, dated 31.03.2017, against the accused/appellant, before the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, to stand trial under Section 302 IPC. Thereafter, the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, complied with the provision of