The court ruled that solitary eyewitness testimony can suffice for conviction in murder cases, especially when corroborated by medical evidence. The culpable act did not fall under provocation exceptions.

JUDGMENT :

Manish Choudhury, J.

The instant criminal appeal from Jail is directed against a Judgment & Order dated 08.08.2019 passed by the Court of learned Additional Sessions Judge, Biswanath Chariali at Sonitpur, Assam [‘the Trial Court’, for short] in Sessions Case no. 27 of 2018. By the Judgment & Order dated 08.08.2019, the Trial Court has convicted the accused-appellant 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. 5,000/-, in default of payment of fine, to undergo rigorous imprisonment for another two months.

2. The investigation was set into motion on the basis of a First Information Report [FIR] lodged by the informant, Smti. Tipari Ghatowar [P.W.8] on 20.03.2017 before the Officer In-Charge, Gohpur Police Station reporting about an alleged murder occurred at 06-00 p.m. on that day. In the FIR, the informant had inter alia stated that at around 06-00 p.m. on that day, the accused-appellant, Dhan Gowala killed his brother-in-law, Matilal Ghatowar, aged about 30 years and a resident of Bishnupur Majgaon, by hacking him with a dao. After the assault, the accused-appellant taking advantage of the darkness ran away from the place immediately.

3. On receipt of the FIR, the Officer In-Charge, Gohpur Police Station registered the same as Gohpur Police Station Case no. 56/2017 under Section 302 , Indian Penal Code [ IPC ] on 20.03.2017 itself and entrusted the investigation to one Subaleswar Deka, a Sub-Inspector of Police attached to Gohpur Police Station.

4. On being entrusted with the investigation, the Investigating Officer [I.O.], P.W.10 proceeded to the place of occurrence, that is, the house of the informant, P.W.8. Going there, he found the deadbody of the deceased Matilal Ghatowar lying in the courtyard of the house. The I.O., P.W.10 noticed cut injuries on the neck of the deceased. After examination of the witnesses at the place of occurrence [P.O.], the deadbody of the deceased was brought to the Police Station. The inquest proceeding on the deadbody was done on 21.03.2017 before sending the deadbody for post-mortem examination. The I.O., P.W.10 also drew a Sketch Map of the P.O. vide Ext.-2. As P.W.10 got transferred from Gohpur Police Station, he handed over the case diary to the Officer In-Charge, Gohpur Police Station after collecting the Post-Mortem Examination [PME] Report. The subsequent I.O., P.W.11 was entrusted with the investigation of the case by the Officer In-Charge, Gohpur Police Station on 10.08.2017. The 2^nd I.O., P.W.11 arrested the accused-appellant and forwarded him to the Court for remand. After completing the investigation of the case, a charge-sheet under Section 173 [2], CrPC was submitted vide Charge-Sheet no. 07/2018 on 30.01.2018 finding a prima facie case against the accused-appellant for committing the offence of murder which is punishable under Section 302 , IPC .

5. On submission of the Charge-Sheet before the Court of Judicial Magistrate, First Class [JMFC], Gohpur, Sonitpur, the Court of JMFC, Gohpur, Sonitpur secured the appearance of the accused-appellant from Jail custody on 06.03.2018. As the copies were ready, the same were furnished to the accused-appellant in compliance of the provisions of Section 207 , CrPC. Finding the offence under Section 302 , IPC exclusively triable by the Court of Sessions, the case reco