Conviction based on circumstantial evidence requires a complete, unbroken chain of events excluding all other hypotheses of innocence. Grave suspicion cannot replace legal proof, and the burden under Section 106 of the Evidence Act only shifts if the prosecution first establishes a prima facie case.

JUDGMENT :

S.K. Medhi, J.

This instant Appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973 [corresponding to Section 415 of the BNSS] against the judgment and order dated 05.11.2022 passed by the learned Addl. Sessions Judge, Jorhat in Sessions Case No. 241/2016 whereby the appellants have been convicted under Section 302/34 of the IPC [corresponding to Section 103 BNS and 3(5) BNS] and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- (Rupees Five Thousand) i/d to undergo S.I. for 6 months.

2. The criminal law was set into motion by lodging of an Ejahar on 13.07.2016 by one Pawan Bawri, who is the son of the deceased. It was alleged inter-alia that on the said date at about 12.15 am as their neighbour Dipanjali Uria, daughter of Late Kamdev Uria had died out of an ailment, it was suspected that the said death was because of some incantation of his father. At around 1.30 am, Sri Mahesh Uria, younger brother of Late Kamdev Uria and son of Ghana Uria, accompanied by a resident of the Bahbari Branch of the Tea Estate, armed with weapons had trespassed into their house and took his father Shri Lal Bawri forcibly from their house to the house of the neighbour Tibhu Tanti where they tied his father to a post of the verandah and then Tibhu Tanti and Mahesh Uria, in association with the people of the village had brutally killed his father by assaulting him throughout the night with weapons like rod, hammer, spike etc. Thereafter, they had dragged the dead body of his father and threw it in river Kakodonga. It has also been alleged that though he was hearing the scream of his father when the miscreants were torturing him, they did not allow him to go near his father. The police had recovered the body of the father from the river in the morning.

3. Based on the aforesaid Ejahar, the FIR was registered as Pulibor P.S. Case No. 197/2016 and investigation had begun. In the said investigation, the statements of the witnesses were recorded, seizure of incriminating materials made, inquest done, sketch maps prepared and after completion of the formalities, the charge sheet was laid against four persons including the present two appellants. On denial of the charges, the trial had begun in which the prosecution had adduced evidence through 6 nos. of prosecution witnesses.

4. The informant had deposed as PW-1. He had stated that on the relevant day, he was at Naharani and at night his mother had told him that Mahesh Uria had called his father and took him away from their house and thereafter, he was taken to Tibhu Tanti’s house. At 6.00 am, PW-1 had arrived home and found his mother crying and she told him that his father was killed and thrown into river Kakodonga. Thereafter, the police brought the dead body of his father to the house and he saw injuries on his entire body and his frontal teeth were missing. Accordingly, the Ejahar was lodged which was proved as Ext. 1. In his cross- examination, he had however stated that he did not know what was written in the Ejahar and had put his signature as he was asked to do. He had also stated that accused Mahesh Uria was their neighbour and his father used to accompany him on outings. He had however denied the suggestion that his mother did not tell him that his father had been hacked and thrown into the river. He had however admitted that the mother did not tell him who had killed him. He had also stated that his father used to consume liquor and denied the fact that his father had an illness of shivering and that the accused persons were not involved in the murder of his father.

5. PW-2 is another son of the deceased who is the younger brother of the informant. He had stated that on the date of the occurrence, he was at home and a girl, namely, Dipanjali Uria of the neighbourhood had died. At that time, his father had gone to see the dead body of Dipanjali Uria. After a while, one Bapu Bawri came to their house and said that his father w