The court held that extra-judicial confessions can serve as strong evidence when corroborated by circumstantial evidence, affirming the lighter burden of proof in murder cases within a private home.

JUDGMENT :

[Manish Choudhury, J.]

This criminal appeal from Jail under Section 383 of the Code of Criminal Procedure, 1973 [‘CrPC’ or ‘the Code’, for short] is preferred against a Judgment and Order dated 19.03.2021 passed by the Court of learned Sessions Judge, Karbi Anglong at Diphu in Sessions Case no. 84 of 2014. By the Judgment and Order dated 19.03.2021, the learned Sessions Judge, Karbi Anglong after finding the accused-appellant guilty of uxoricide, has convicted him for the offence of murder under Section 302 , INDIAN PENAL CODE [IPC]. The accused-appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another month.

2. The First Information Report [FIR] was lodged by one Sunil Gorh [P.W.1] on 19.04.2014 before the Officer In-Charge, Dillai Police Station stating inter-alia that his brother-in-law [the accused-appellant] had an altercation with the informant’s younger sister, Malati Urang on 18.04.2014 over some domestic issue and Malati Urang was assaulted with a stick by the accused-appellant. As a result of the assault, the accused-appellant’s wife, Malati Urang died in her house on 18.04.2014. When the villagers came to know about the death of Malati Urang, they informed the Police at about 05-00 p.m. on 19.04.2014 and handed over the accused-appellant to the Police personnel.

3. On receipt of the FIR, the Officer In-Charge of the Dillai Police Station registered it as Dillai Police Station Case no. 11 of 2014 under Section 302 , IPC at 10-00 p.m. on 19.04.2014.

4. It has emerged that prior to the lodgment and registration of the FIR at 09-00 p.m. on 19.04.2014, an entry was made in the General Diary of Dillai Police Station vide General Diary Entry no. 368 at 05-00 p.m. on 19.04.2014 on the basis of an information given telephonically by Mangra Urang [P.W.3], the Village Headman of Upper Hatuka, Mongra Basti. It was after receipt of the telephonic information to the effect that the accused-appellant had beaten his wife to death with a stick and on registration of General Diary Entry no. 368 [Ext.-5], Police personnel proceeded to the Place of Occurrence [P.O.], that is, the house of the accused-appellant. It was recorded in General Diary Entry no. 368 that the villagers apprehended the accused-appellant after they found the deadbody of the wife of the accused-appellant inside his house.

5. The information recorded in General Diary Entry no. 368 was conveyed to one Arun Gogoi [P.W.10], an Assistant Sub-Inspector of Police [ASI] at Lahorijan Police Patrolling Out Post. On instruction of the Officer In-Charge, Dillai Police Station, P.W.10 proceeded to the P.O. with the Officer In-Charge, Dillai Police Station. Thereafter, P.W.10 was entrusted with the preliminary investigation. At the P.O., the accused-appellant, who was kept detained by the villagers, was handed over to the Police personnel and he was taken into custody. The statements of the Village Headman [P.W.3] and other villagers present at the P.O. were recorded. A Sketch Map of the P.O. [Ext.-3] was prepared. The deadbody of the deceased was forwarded to Diphu Civil Hospital and post-mortem examination on the deadbody of the deceased was performed at Diphu Civil Hospital on 20.04.2014 after the deadbody was brought b