The court upheld the conviction under IPC Section 302, emphasizing that circumstantial evidence must form a complete chain, proving guilt beyond reasonable doubt without the accused providing an adequate explanation.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The present Appeal has been filed under section 374(2) of the Code of Criminal Procedure against the judgment of conviction dated 14.12.2016 and order of sentence dated 16.12.2016/17.12.2016, passed by the learned Sessions Judge, West Singhbhum at Chaibasa, in Sessions Trial No. 10 of 2015, whereby and whereunder, the learned court below has convicted the appellant under section 302 of the Indian Penal Code and sentenced him to undergo RI for life with fine of Rs. 10,000/- under section 302 of the IPC. In default he is further sentenced to undergo RI for one year.

Factual Matrix: -

2. The prosecution case, in brief, on the basis of fardbeyan(Ext.2) of the informant Dhanu Diggi (now deceased) dated 25.10.2014 is that on 24.10.2014 informant had gone for his labour work and returned on 25.10.14 at about 06:00 a.m. and saw that dead body of wife of his younger brother was lying in his house. It is further alleged that informant’s younger brother resides separately and always used to consume ‘Haria’ and thereafter he used to quarrel with his wife(deceased). He also used to quarrel with any person who try to intervene between them. He has two small children in between 10 to 12 years.

3. Further case of the prosecution is that the informant's wife Budhni Diggi told that in the night of 24.10.14 at about 03:00 A.M. Gomia Diggi(appellant herein) started asking money from his wife Mecho Diggi (deceased) for consuming 'Haria', then she didn't give money, hence Gomia Diggi assaulted her by wooden stick, hand and fist. His wife rushed outside the house towards market, but was chased by the accused and they returned at about 07:00 P.M. to house and again started quarreling and assaulting his wife in the result of which she died. Neighbourers didn't intervene due to fear of accused.

4. On the basis of above fardbeyan Sonua P.S. Case No. 36 of 2014 was registered for the offence u/s 302 of the I.P.C. against the named accused, namely, Gomia Diggi and completion of investigation charge-sheet was submitted against the accused/appellant for the offence u/s 302 1.P.C. , thereafter the case was committed to the Court of Sessions.

5. Charge was framed against the accused on 21.07.15 for the offence u/s 302 of the I.P.C., to which he pleaded not guilty and claimed to be tried. Trial commenced and at the conclusion of the trial appellant was convicted and sentenced as aforesaid.

6. The prosecution, in order to prove its case, had examined altogether seven witnesses. Out of which, PW-2 Budhni Diggi is the wife of informant, PW-5 Dr. Shivlal Kunkal is the medical officer, PW-6 Prakash Hembram is the Investigating Officer of the case and PW-7 Brijlal Ram is the Officer In-charge.

7. PW-1 Hindu Sai is the hearsay witness and PW-3 Kirani Diggi and PW-4 Prahlad Pradhan have been declared hostile by the prosecution.

8. Apart from oral testimony of the witnesses following documentary evidences have also been adduced:-

(i) Ext.-1 Postmortem report of deceased MechoDiggi.

(ii) Ext.-2 Fardbeyan

(iii) Ext.-2/1 Endorsement of fardbeyan.

(iv) Ext.-3 Formal FIR

(v) Ext.-4 Carbon copy of inquest report.

(vi) Ext.5 One slip pasted on stick in which signature of accused Gomia Diggi and Thumb impression of witnesses Hindu Sai (PW-1 and Kirani Diggi (PW-3) (pasted on Material Exhibit-I)