Sole eyewitness testimony can be sufficient for conviction in a murder case, provided it is credible and corroborated by other evidence, regardless of claims of reasonable doubt.

JUDGMENT :

S.P. Khaund, J.

1. This appeal is directed against the judgment and order dated 30.04.2022, passed by the learned Sessions Judge, Kamrup at Amingaon in Sessions Case No. 266 of 2014, convicting the appellant under Section 302 of the Indian Penal Code, 1860 (IPC for short) and sentencing him to undergo Imprisonment for Life and to pay a fine of Rs.10,000/- (Rupees Ten Thousand) with default stipulation.

Factual Matrix :-

2. The deceased Janaki Basumatary was proceeding to the field to provide tea and snacks to her son at around 6.30 A.M. on 01.08.2022. Janaki Basumatary was intercepted by Smt. Prava Basumatary (hereinafter referred to as the appellant or the accused), who attacked her with a dao, causing grievous injuries on her neck. The victim's son Janata Basumatary as well as the O/C of Boko Police Station, were informed about the incident by the village headman Shankar Rava over telephone and on receipt of the telephonic information, Boko P.S. GD entry No. 2 dated 01.08.2012 was registered and the Investigating Officer (IO in short) was entrusted with the investigation.

3. The IO went to the place of occurrence at about 8.40 A.M., prepared the sketch map and searched for any weapon of offence. He could not find any weapon of offence. He saw the victim's body lying in a pool of blood at the place of occurrence (PO for short). However, he took pictures of the body and held inquest of the body, in presence of witnesses. In the PO itself, he received an information from the O/C of Boko P.S. that the accused Prava Rani Basumatary surrendered at the Boko P.S. and admitted that she committed the offence and threw the dao at the backside of the latrine of her father-in-law Amarika Basumatary's house and the O/C asked him (IO) to recover the dao. The IO immediately proceeded to Amrika Basumatary's house at village No. 2 Sakhati and searched for the dao and seized the same in presence of witnesses. He recorded the statements of the witnesses present at the time of seizure of dao. Thereafter, he returned to the police station along with the body of Janaki Basumatary and forwarded the body for Postmortem examination at GMCH.

4. At about 11.45 A.M., the O/C of Boko P.S. received a written FIR from complainant Janata Basumatary and registered Boko P.S. case No. 315 (8)/2012 under Sections 341/302 of the IPC and the IO continued with the investigation, after closing the MCD and opening the CD for investigation. He recorded the statement of the accused at the P.S. and arrested her and thereafter, the accused was produced before the CJM, Kamrup, Guwahati. Meanwhile, the IO retired from service on 31.08.2012 and handed over the Case Diary to the O/C of Boko Police Station. His successor Mozibur Rahman collected the PM report and submitted charge sheet against the accused.

5. The case was then committed for trial by the committal Court on submission of charge sheet. The appellant who was already on bail, appeared before the learned Trial Court. At the commencement of trial, a formal charge under Sections 341/302 of the IPC was framed and read over and explained to the accused, who abjured her guilt and claimed innocence.

6. To substantiate its stance, the prosecution adduced the evidence of 12 witnesses including the Medical Officer (MO for short) and the IO and exhibited several documents as well as the weapon of offence. The witnesses and the exhibits are described as follows :-

6. Heard Mr. P. Kataki, learned counsel for the accused-appellant and Ms. B. Bh