Circumstantial evidence must be strong and corroborative to establish guilt beyond reasonable doubt; mere confession under duress is insufficient for conviction.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. Prabhat Kumar Singh, learned amicus curie for the appellant and Mrs. Vandana Bharti, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 15-04-1998 (sentence passed on 16- 04-1998) passed by Sri Nirmalendu Kumar Kanth Niraj, learned 1^st Additional Sessions Judge, Giridih in S.T. No. 215 of 1996/75 of 1996 whereby and whereunder, the appellant has been convicted for the offence punishable under Section 302 IPC and has been sentenced to imprisonment for life.

3. The fardbeyan of Ahmed Hussain was recorded on 12-01-1996 in which it has been stated that the brother of the informant, namely, Mohammad Hussain alias Hardali worked as a labour in Katras and on 11-01-1996 at 9:00AM, he had left for Katras on a vehicle from Pardag. Today, i.e., on 12-01-1996 at 12:00 noon, the informant came to know from the villagers that in the bank of Jamunia river situated at a distance of 2 kilometers from the village, a dead body is lying and a crowd has assembled there. At this information, the informant, Razaque Ansari, Miajan Mian alias Asgar and others reached Jamunia river at Simarbeda where the informant had identified the dead body to be that of his brother Mohammad Hussain alias Hardali. There were several injuries on the person of the deceased.

Based on the aforesaid allegations Nimiaghat P.S. Case No. 3 of 1996 was instituted against unknown under Section 302/201 IPC. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions where it was registered as S.T. No. 215 of 1996/75 of 1996. Charge was framed against the accused underSection 302 IPC which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as 17 (seventeen) witnesses in support of its case:

P.W.1 Mohammad Hanif has stated that he had come to know that Hardali Mian had an estranged relationship with his wife and she had an illicit relationship with Abbas Mian. On 12-01-1996, he had seen the dead body of Hardali Mian in the bank of Jamunia river with several marks of injury on his person. Abbas Ansari, on being apprehended by the Police, did not give any statement before him.

In cross-examination, he has deposed that Police had not recorded his statement.

P.W.2 Qurban Mian has stated that on coming to know that a dead body is lying near Jamunia river, he had gone to the said place where he identified the dead body to be that of Mohammad Hussain and there were marks of injuries on his body. He is the Secretary of Anjuman and when he made an enquiry, he came to know that Mohammad Hussain had gone with Abbas to Isri on 11-01-1996. Abbas had accepted that he had gone to Isri with Mohammad Hussain. He has stated that the father of Mohammad Hussain, namely, Mauli Mian had disclosed that Abbas had an illicit relationship with his daughter-in-law and citing this issue, Mohammad Hussain used to commit assault upon his wife. The statement of Abbas was recorded by the Police in his presence as well as in the presence of others.

In cross-examination, he has deposed that he had stated before the Police that Abbas was a frequent visitor to the house of Mohammad Hussain and used to assist in domestic chores. The statement of the accused was not recorded in his presence.

P.W.3 Barkat Ali has stated that the house of Abbas Ansari is situated at a distance of less than one kilometer from his house.

P.W.4 Nizamuddin Ansari has stated that about a day prior to the discovery of the dead body, Mohammad Hussain had gone to see a movie with Abbas and when Abbas returned, he disclosed that Hussain has stayed back. There was an illicit relationship between Abbas and the wife of Mohammad Hussain and this was the reason for Mohammad Hussain to have assaulted his wife. When Abbas was apprehended, he had confessed before the Police and others about committ