The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a murder conviction, and suspicion alone cannot substitute for proof.

JUDGMENT & ORDER :

Manish Choudhury, J.

1. This criminal appeal from jail under Section 383 , Code of Criminal Procedure, 1973 [‘the Code’ or ‘CrPC’, for short] is directed against a Judgment and Order dated 20.11.2019 passed by the Court of learned Additional Sessions Judge – II [FTC], Tinsukia in Sessions Case no. 103[T]/2012. By the Judgment and Order dated 20.11.2019, the accused-appellant has been convicted for the offence of murder under Section 302 , INDIAN PENAL CODE [IPC] and he has been sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another year. It has been provided that the period of detention already undergone by the accused-appellant shall be set-off against the sentence of imprisonment under Section 428 , CrPC.

2. The prosecution case is that on 09.08.2009, a First Information Report [FIR] was lodged by the informant, Surjya Mohan Tanti [P.W.3] before the Officer In-Charge, Doomdooma Police Station. In the FIR, the informant [P.W.3] had inter alia alleged that at about 10-30 p.m. on 08.08.2009, four accused persons, namely, [i] the accused-appellant, Bijoy Krishna @ Mela [hereinafter also referred to as ‘the appellant’ or ‘A-1, at places, for short’]; [ii] Bishal Krishna @ Bom [‘A-2’]; [iii] Anit Krishna [‘A-3’]; and [iv] Pinku Krishna @ Tinku [‘A-4’]; who were brothers, got engaged in an altercation with Dasaru Tanti, a resident of Mankhowa Tea Estate, Prem Nagar Basti. The deceased, Dasaru Tanti was an elder brother of the informant’s wife. According to the informant, the altercation arose due to a domestic matter. In the altercation which occurred at Line no. 15, the accused persons assaulted Dasaru Tanti and caused grievous injuries on his head and face. As a result, Dasaru Tanti died on the spot. It was further alleged that the mother of the deceased, Paikon Tanti [P.W.2] was also assaulted along with him.

3. On receipt of the FIR, the Officer In-Charge, Doomdooma Police Station registered the same as Doomdooma Police Station Case no. 303/2009 under Section 302 , IPC read with Section 34 , IPC and the investigation was entrusted to one Babu Singh [P.W.10], a Sub-Inspector of Police attached to Doomdooma Police Station.

4. During the course of investigation, the I.O. [P.W.10] arrested three of the four accused persons, A-1, A-2 & A-3 and after arrest, they were forwarded to the Court. However, the I.O. could not arrest the fourth accused person viz. Pinku Tanti @ Tinku [A-4]. In the course of investigation, the I.O. visited the Place of Occurrence [P.O.] at Line no. 15 of Mankhowa Tea Estate and recorded the statements of the witnesses under Section 161 , Cr.P.C. The I.O. prepared a Sketch Map of the P.O. [Ext.-7] and also conducted the inquest proceeding on the deadbody of the deceased through an Executive Magistrate who after inquest, submitted an Inquest Report [Ext.-2]. The Post-Mortem Examination [PME] on the deadbody of the deceased was performed at Tinsukia Civil Hospital on 09.08.2009. After completing investigation into the case, the I.O. submitted a charge sheet under