Circumstantial evidence must conclusively point to the guilt of the accused; insufficient evidence led to the reversal of conviction.

JUDGMENT :

1. The instant criminal appeal is directed against the judgment and order of conviction and sentence of the appellants dated 29.07.2017/31.07.2017 passed by the learned Additional Sessions Judge-II, West Singhbhum Chaibasa in S.T. Case No.269 of 2013 arising out of Sonua P.S. Case No.42 of 2012, corresponding to G.R. Case No.354 of 2012 (hereinafter the called the impugned judgment and order), whereby and whereunder the appellants have been held guilty for the offences under sections 302, 201 and 34 of Indian Penal Code and sentence to undergo imprisonment for life along with fine of Rs.20,000/-(Twenty Thousand) under sections 302/34 of India Penal Code and further rigorous imprisonment for 5 years along with fine of Rs.10,000/-(Ten thousand) for the offence under sections 201/34 of Indian Penal Code with default stipulation.

FACTUAL MATRIX

2. Factual matrix giving rise to this appeal is that on 02.11.2012, the informant Ram Lal Tanti, who happens to be Chawkidar No.05/2017 was deputed at Bank of India, Govindpur received information from some account holders of the bank that a dead body of an unknown person is lying into the ring well of Dipasai. The informant proceeded to the said place and saw an unknown dead body lying into the well. The informant communicated to the nearest police station then, the police arrived at the place of occurrence and the dead body of the deceased was brought out from the well. There were marks of assault on head, chest and both legs, which were fractured. It appeared that some unknown persons after committing murder have disposed of the dead body into the well about 4-5 days ago. The inquest report was prepared but no local persons could identify the deceased.

3. The Officer-in-Charge of Sonua Police Station, after recording the statement of the informant sent the same for registration of FIR for the offence under Sections 302, 201 and 34 of Indian Penal Code. The charge of investigation was given to Sub-Inspector Mahendra Baraik(PW-8) and the confessional statement of the present appellants were recorded by the then Officer-in-Charge of Sonua Police Station namely Suraj Oraon and the seizure list of seized materials were also prepared by him (Ext.3/1,3/2 and 3/3), which were received by Investigating Officer. In the course of investigation, the Investigating Officer has examined several witnesses of facts and obtained post-mortem report of the deceased, which was identified by his brother by seeing photographs and he also sent the material exhibits to FSL, Ranchi for chemical examination and obtained the chemical examination report (Ext.6 and 6/1). It was also surfaced during the investigation that the name of the deceased was Motu Tiu, who was under love affairs with the appellant No.2 Pani Surin prior to her marriage with the appellant No.1, but in spite of her marriage, he continued his affairs with the appellant No.2 and always used to tease her. Due to this reason, both the appellants have killed the deceased by giving spade blows and disposed of his dead body in nearby well. Accordingly, the charge-sheet was submitted against the appellants and one Budhuram Hembrom @ Kendu Hembrom, who had also assisted in disposing the dead body of the deceased.

4. In course of the trial, all together 11 witnesses were examined by the prosecution to substantiate the charges leveled against the accused persons.

Apart from oral testimony of witnesses, the following documents have also been marked as exhibits by the prosecution.

Ext.1:- Signature of Ramlal Tanti on Fardbeyan

Ext.1/1:-Fardbeyan.

Ext.1/2:-Registration of Fardbeyan

Ext.2:-Postmortem report

Ext.3:-Signature of Ganesh Bandia on Seizure list.

Ext.3/1:-Seizure list of Kudal with wooden handle

Ext.3/2:-Seizure-list regarding the seizure of blood stained soil from the south corner of the room of the house of accused Ramrai Surin.

Ext.3/3:-Seizure-list of Mobile

Ext.3/4:-Seizure-list of Motorcycle

Ext.3/5:-Signature of Devashish Tiu on seizure-list

Ext.3/6