The prosecution failed to prove the charges of murder and unlawful assembly beyond reasonable doubt due to unreliable witness testimonies and lack of corroborative evidence.

JUDGMENT :

MANISH CHOUDHURY, J.

1. Assail is made in this criminal appeal preferred from Jail under Section 383, Code of Criminal Procedure, 1973 (‘CrPC’) to a Judgment and Order dated 30.04.2021 passed by the Court of learned Additional Sessions Judge (FTC), Biswanath Chariali (‘the trial court’, for short) in Sessions Case no. 304 of 2012. By the Judgment and Order dated 30.04.2021, the learned trial court has convicted the six accused persons, namely, (i) Badhna Orang (A-1, for easy reference); (ii) Bhete Orang (A-2); (iii) Pradip Orang (A-3); (iv) Samra Orang (A-4); (v) Bablu Orang (A-5); and (vi) Amit Orang (A-5), who faced the trial for the offence under Section 302, Indian Penal Code (IPC) read with Section 148, IPC and on finding them guilty for the offence of Section 302, IPC, all of them have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- each, in default of payment of fine, to undergo simple imprisonment for another 6 (six) months each, for committing the offence under Section 302, IPC. The accused persons are also sentenced to undergo rigorous imprisonment for 1 (one) year and to pay a fine of Rs. 500/- each, in default of payment of fine, to undergo simple imprisonment for another 1 (one) month under Section 148, IPC. It has been ordered that the sentences are to run consecutively.

2. The investigating machinery was set into motion after institution of a First Information Report (FIR) by one Soma Orang on 12.11.2011 before the In-Charge, Gingiya Out Post. In the said FIR, Soma Orang as the informant had inter alia alleged that his co-villager, Badhna Orang (A-1) armed with weapons and accompanied by the five accused persons, named therein, that is, A-2 to A-6 took away his wife, Birso Orang telling that a particular matter was to be discussed with her. The informant further alleged that the said accused persons, out of old grudge, assaulted his wife and killed her by hacking. Thereafter, they carried the deadbody back and left it at the door of the house of the informant.

3. On receipt of the FIR, the In-Charge, Gingiya Out Post registered a general diary entry vide Gingiya Out Post General Diary Entry no. 232 dated 12.11.2011 at 11-00 a.m. and forwarded the FIR to the Officer In-Charge, Behali Police Station for registering a case under proper sections of law, while entrusting the investigation of the case to one Bhoben Chandra Nath, a Sub-Inspector of Police (PW-7), attached to the said Police Station.

4. During the course of investigation, all the six accused persons were arrested. The Investigating Officer (I.O.) visited the place of occurrence (P.O.) and prepared a Sketch Map of the P.O. (Ext.9). (i) One dao; (ii) one iron hammer; and (iii) a number of wearing apparels of the deceased were also seized by the I.O. (PW-7) in presence of the witnesses vide (i) Seizure List - M.R. no. 75/2011 (Ext.2) dated 12.11.2011; (ii) Seizure List - M.R. no. 707/2011 (Ext.7) dated 12.11.2011; and (iii) Seizure List - M.R. no. 76/2011 (Ext.8) dated 12.11.2011; respectively. The I.O. (PW-7) after conducting inquest proceeding on the deadbody of the deceased, forwarded the deadbody to Behali Block Primary Health Centre (PHC) for post-mortem examination on 12.11.2011. The post-mortem examination of the deadbody of the deceased was performed at Behali Block PHC on 12.11.2011 and the Autopsy Doctor, PW-5 after completing the post-mortem examination, recorded his findings in a Post-Mortem Examination (PME) Report (Ext.5).

5. It was the case of prosecution that during the course of examination, statements of two witnesses, namely, Ramu Orang (PW-1) and Dilip Orang (PW-2) were also recorded under Section 164, CrPC by producing them before the Court of learned Judicial Magistrate, First Class, Biswanath Chariali on 14.11.2011. After completing investigation into the case, Behali Police Station Case no. 211/2011 (corresponding G.R. Case no. 799/2011), the I.O. (PW-7) submitted a charge-sheet under S