The prosecution must establish a complete chain of circumstantial evidence for conviction; extrajudicial confessions lack evidentiary value if not proven voluntary.

JUDGMENT AND ORDER :

(S.P. Khaund, J.)

Factual Matrix :

1. This appeal is preferred by Sri Dorjee Tsering ( hereinafter referred to as the appellant or accused) against the judgment and order dated 20.09.2022 in connection with Sessions Case No.2/ 2021 ( arising out of Dirang PS Case No.15/2020), passed by the learned Sessions Judge at Bomdila, West Kameng District, convicting the appellant under section 302 of the Indian Penal Code (‘ IPC ’ for short ) to undergo Imprisonment for Life and to pay a fine of Rs. 20,000/-, with default stipulation, and under Section 201 to undergo rigorous imprisonment for 7(seven) years and to pay a fine of Rs. 5000/-, with default stipulation. The sentences are to run concurrently.

2. The allegation against the appellant is that on the evening of 22.09.2020 at Lubrang village, Pem Sangey (herein after also referred to as the deceased) and Lopa @Pema Wangda went to visit Dor Passang in his residence and after some time Dorjee Tsering (hereinafter referred to as accused) came and joined them. They are all residents of Lubrang village, which is a small community consisting of 190 residents. They were all drinking Araa (local alcoholic drink) and thereafter they came out from the residence of Dor Passang and reached the house of the deceased at about 8 pm where the deceased and the accused broke into a scuffle and they started quarrelling. Lopa @ Pema Wangda prevented them from quarrelling and took the accused back to his residence. On the way, the accused purchased some more alcohol, and after some time, the accused left the house of Lopa @ Pema Wangda. On the following day, both the accused and the deceased were found missing, and the villagers set out on a frantic search. At about 3 to 4 p.m., the villagers noticed that the door of the victim's house was locked from outside, and they peeped in from the window and saw the body of the victim hanging by a rope. They noticed injuries on the face of the deceased. A commotion arose in the village and everybody except the appellant, gathered near the house of the deceased. Police was informed over phone, but as it was already dark, police asked the villagers not to open the door till their arrival. The villagers again searched for the appellant and found him sleeping inside a hut. The villagers brought the appellant before a gathering at about 1 a.m. midnight and on being confronted about the incident, the appellant confessed in presence of the villagers that he had killed the deceased. The following morning, police came to the village and embarked upon the investigation. At about 8.30 a.m. of 24.09.2020, the brother of the deceased, Dorjee Wangdi, lodged an FIR with the police. The FIR was registered as Dirang Police case No.15/2020 under section 302 IPC . The Police broke the lock of the door in presence of the villagers and entered into the house of the deceased.

3. The body of the deceased which w