The testimony of a sole eyewitness can sustain a murder conviction if credible, consistent with medical evidence, and unshaken by cross-examination.

JUDGMENT & ORDER :

Manish Choudhury, J.

Assail is made in this criminal appeal from Jail under Section 383 , Code of Criminal Procedure, 1973 [‘the Code’ or ‘CrPC’] to a Judgment & Order dated 02.05.2018 passed by the learned Sessions Judge, Sivasagar in Sessions Case no. 279 [S-C] of 2015, which arose out of G.R. Case no. 702 of 2015 and Sonari Police Station Case no. 176 of 2015. By the Judgment & Order dated 02.05.2018, the accused-appellant has been convicted for the offence under Section 302 , INDIAN PENAL CODE [IPC] and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine, to undergo simple imprisonment for another month.

2. The First Information Report [FIR] was lodged before the In-Charge, Suffry Police Out Post on 20.09.2015 by one Kalidas Bhumij [the informant-P.W.6] stating inter-alia that at about 03-30 p.m. on 20.09.2015, when his younger brother, Bokul Bhumij had gone to bring back the cattle from the paddy field in front of his house, his neighbour, Nitai Bhumij [the accused-appellant] killed him brutally by hacking with a Naga Dao in the neck as well as in different parts on the person of Bokul Bhumij.

3. On receipt of the FIR, the In-Charge, Suffry Police Out Post [P.W.9] registered a General Diary Entry, G.D. Entry no. 290 of 2015 dated 20.09.2015 at 08-00 p.m. and forwarded the FIR to the Officer In-Charge, Sonari Police Station for registering a case under proper sections of law, while taking up the investigation of the case himself in the meantime. On receipt of the FIR, the Officer In-Charge, Sonari Police Station registered the FIR as Sonari Police Station Case no. 176 of 2015 for the offence under Section 302 , IPC on 20.09.2015.

4. It was, prior to lodging of the FIR, at 04-00 p.m. on 20.09.2015, Bitu Bhumij [P.W.3] came to Suffry Police Out Post and verbally informed the In-Charge, Suffry Police Out Post [P.W.9] that the accused-appellant had killed his uncle, Bokul Bhumij with a Dao. The said information was entered in the General Diary as Suffry Police Out Post G.D. Entry no. 287 dated 20.09.2015. P.W.9 had, thereafter, visited the place of occurrence [P.O.] at Rangapathar Gaon. At Rangapathar Gaon, there were three hillocks and as per the testimony of the I.O., adduced as P.W.9, he saw the accused-appellant [hereinafter also referred to as ‘the appellant’, at places, for short] sitting on one hillock with a Dao. The appellant was apprehended and the Dao was seized from his possession vide Ext.-3, Seizure List. Thereafter, the deadbody of the deceased, Bokul Bhumij was recovered from the paddy field on the other hillock with the help of others. Inquest proceeding on the deadbody of the deceased was performed and an Inquest Report [Ext.-4] was prepared. A Sketch Map of the P.O. [Ext.-6] was prepared. Thereafter, the deadbody of the deceased was brought to the Police Station.

5. It was at about 06-00 p.m. on the same day, that is, on 20.09.2015, the informant, P.W.6 lodged the FIR stating and alleging the facts, already mentioned hereinabove. On receipt of the FIR, G.D. Entry no. 290 of 2015 was registered by the In-Charge, Suffry Police Out P