The prosecution failed to establish guilt beyond reasonable doubt based on circumstantial evidence, leading to the appellant's acquittal.

JUDGMENT :

Per Rongon Mukhopadhyay, J.

Heard Mr. B.M. Tripathy, learned Senior Counsel for the appellant and Mrs. Nehala Sharmin, learned Spl. P.P. for the State as well as Mr. Vijiyant Verma, learned counsel appearing for the informant.

2. This appeal is directed against the judgment and order of conviction and sentence dated 04.06.2019 (sentence passed on 07.06.2019) passed by Sri Rajeev Anand, learned Additional Judicial Commissioner-XIII, Ranchi in Sessions Trial No. 595 of 2015, whereby and whereunder, the appellant has been convicted for the offences punishable u/s 302, 201 of the IPC and has been sentenced to undergo R.I. for life along with a fine of Rs. 50,000/- for the offence u/s 302 of the IPC and in default in payment of fine to undergo further R.I. for one year and R.I. for three years for the offence u/s 201 of the IPC along with a fine of Rs. 25,000/- and in default to undergo further R.I. for six months. Both the sentences are to run concurrently.

3. The prosecution case arises out of the written report of Kalicharan Mahto, in which, it has been stated that the marriage of his sister Sheela Devi was solemnized with Mahendra Mahto (appellant) about twelve years back and out of the said wedlock two sons were born. Mahendra Mahto works in the defence forces and is posted at Manali Sese. The sister of the informant was employed in the Laboratory/Chemistry Department in BIT Mesra. It has been alleged that Mahendra Mahto sometimes used to torture his sister and issued threats to commit her murder. Mahendra Mahto had occasionally committed assault upon his sister and about two days prior to the occurrence he had pushed his sister before a running vehicle but she had a providential escape. It has been stated that the informant and others used to pacify the tumultuous relationship between Mahendra Mahto and his wife. It has been alleged that Mahendra Mahto pressurized the family of the informant for a piece of land for construction of a house and about two years back five decimals of land was registered in the name of the sister of the informant. Mahendra Mahto started construction of his house over the said piece of land and demanded Rs. 2,00,000/- from the parents of the informant. It has been stated that the sister of the informant had invested in insurance policy to the tune of Rs. 20,00,000/- and a few days prior to the occurrence Mahendra Mahto had taken an insurance policy of Rs. 10,00,000/- in the name of his wife and in all the insurance policies Mahendra Mahto was the nominee. It has been alleged that on 03.07.2015 his sister dropped Mahendra Mahto at the Railway Station at 03:00 P.M. for boarding Jammu Tawi Express as he was to join his duty at his place of posting. The sister of the informant returned back to her house and in the morning it came to light that his sister was not at home and an intense search was conducted but she could not be traced out. It has been alleged that in the Pooja room in a large box the hair of his sister could be seen and on breaking open the lock of the box the dead body of his sister having marks of violence in her body was found. There was cut injury on the private parts of the sister of the informant also. In the meantime, a crowd had assembled. It has been alleged that Mahendra Mahto was tried to be contacted on his mobile but it was switched off. It has further been alleged that since the demand of Rs. 2,00,000/- was not fulfilled and in order to claim the money on account of the insurance policy in which he was the nominee Mahendra Mahto along with his unknown associates had returned back from Ranchi Railway Station and by committing the murder of his wife, concealed the dead body in a box.

Based on the aforesaid allegations Sadar (Mesra) P.S. Case No. 332/2015 was instituted u/s 302/201/34 of the IPC against Mahendra Mahto and unknown persons. On completion of investigation charge-sheet was submitted against Mahendra Mahto and after cognizance was taken the case was commit