IMPORTANT POINT
[The court established that in cases of murder, particularly where circumstantial evidence is predominant, the last-seen theory can be a decisive factor in proving the guilt of the accused, especially when the accused fails to provide a credible alibi.]

JUDGMENT :

Subhash Chand, J.

Heard learned counsel for the appellant and learned A.P.P. for the State.

2. The instant criminal appeal is preferred on behalf of the appellant against the impugned Judgment of conviction dated 9th February, 2017 and Order of sentence dated 14th February, 2017 passed by the Additional Sessions Judge-XI, East Singhbhum, Jamshedpur in Sessions Trial No.158 of 2014, whereby, the appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life for the offence under Section 302 of the I.P.C. along with fine of Rs.10,000/- and in case of non-payment of fine, he was further directed to undergo rigorous imprisonment for six months.

3. The case of the prosecution as per fardbeyan of the informant Sonu Singh recorded by S.I., Ganesh Kumar Singh of Sidgora police satation on 6th July, 2012 is that the sister of the informant, namely, Rinki Devi got married with the appellant/convict Deepak Singh in the year 2006. The said Rinki Devi remained in her matrimonial house at Ranchi with her husband for about four years and out of the wedlock of appellant—Deepak Singh and Rinki Devi, a daughter namely Suhana was born who on the date of occurrence was of four years. The appellant/convict used to physically assault his wife Rinki Devi for which there was a Panchayat in the matrimonial house of sister of the informant. About one year back, the appellant came to the house of the informant in order to take back Rinki Devi but she denied. She did not agree to go to the matrimonial house and said that if she would go there, she would again be assaulted. About two months back, the appellant again came to the house of the informant and told Rinki Devi to accompany him to her matrimonial house but she denied. The father of the informant also arranged job of security guard for the appellant where he worked but the appellant again insisted Rinki Devi for return to her matrimonial house and after quarrel, the accused left the house of the informant on 29th June, 2012. It is also alleged that on 5th July, 2012 at about 10.00 a.m., the appellant came to the house of the informant and started searching Rinki Devi, who was doing work of paper binding in the Variety Store at Baridih. The accused went there and brought Rinki Devi forcefully. At night, after taking meal, the appellant, his wife and daughter Suhana were sleeping on one bed. In morning, Rinki Devi and Suhana were found lying dead on the bed. It is alleged that the accused did not like the deceased Rinki Devi and, hence, used to assault her and finally he committed murder of his wife and daughter by pressing their neck with the help of pillow and thereafter fled away from back door.

4. On this written information, the Case Crime No.68 of 2012 was registered with the police station Sidhgora, East Singhbhum, Jamshedpur under Section 302 of the Indian Penal Code against Deepak Singh. The Investigating Officer after having concluded the investigation filed charge-sheet to the Court of Magistrate concerned who after taking cognizance thereon committed the case for trial to Sessions Judge, East Singhbhum Jamshedpur. Further, the Sessions Judge, East Singhbhum Jamshedpur transferred the same for trial to Additional Sessions Judge-XI, East Singhbhum Jamshedpur.

5. The Trial Court framed the charge against the accused under Section 302 of Indian Penal Code. The charge was read over and explained to the accused in Hindi to which he pleaded not guilty and claimed to be tried.

6. On behalf of the prosecution to prove the charge against the accused in oral evidence examined P.W.1-Dablu Singh, P.W.2-Anju Devi, P.W.3-Vinod Thakur, P.W.4-Dr. Akhilesh Kumar Choudhary, P.W.5- Dipak Devi, P.W.6-Bablu Singh, P.W.7-Sonu Singh, P.W.8-S.I. Prabhu Sahay Topno, P.W.9-Sushil Kumar Dwivedi, P.W.10 Ganesh Kumar Singh (the I.O. of the case) and P.W.-11 Bhayanand Yadav, A.S.I.

7. On behalf of the prosecution in documentary