The sufficiency of circumstantial evidence and the burden of proof under Section 106 of the Evidence Act.

JUDGMENT :

C.R. Dash, J.

This appeal is directed against the Judgment of conviction dated 17.08.2016 and order of sentence dated 19.08.2016 passed by learned Sessions Judge, Sundargarh in S.T. No.115 of 2014. Both the appellants were tried under Section-302 read with Section-34 of the Indian Penal Code (“IPC” for short) and each of them were sentenced to suffer imprisonment for life and to pay a fine of Rs.10,000/-(Rupees ten thousand) in default, to suffer further R.I. for two years.

2. The occurrence happened on 05.05.2014. P.W.6, who happens to be the cousin brother of the deceased, is the informant. Stated succinctly, the prosecution case runs as follows:-

The deceased-Kalkati Hans got married to appellant No.1-Santosh @ Khudi Minz in the year 2006. Few days after the marriage, aforesaid appellant No.1 wanted to kill his wife (deceased). Therefore, the deceased came to the house of her father and returned to her matrimonial house after settlement of the issue.

On 05.05.2014, around 2 P.M., the informant (P.W.6) and family members of the deceased came to know that, the deceased has been murdered by the appellants. It is pertinent to mention here that, the parents of the deceased live in “Majhipada” and the appellants live in Uparapada of the same village Kundupada. Going to the house of the appellants, family members of the deceased including the informant found that the wrist of the deceased were cut and her dead body was lying inside the house of the appellants. They also found that a plastic rope was lying near the dead body. They suspected foul play of the appellants and their family members in causing death of the deceased and lodged the F.I.R.

The I.O., S.I. of Police attached to Rajgangpur Police Station in absence of the I.I.C., registered the F.I.R. for offences U/Ss.498-A/302/34 IPC and took up investigation. After investigation, he submitted Charge Sheet against the appellants U/S.302/34 IPC.

3. The prosecution has examined twenty witnesses to prove the charge against the appellants during trial of the case and number of documents vide Ext.1 to 13 have been marked on behalf of the prosecution. P.W.6 is the informant, P.W.7 is the father of the deceased. P.W.8 is mother of the deceased. P.W.3, being a witness to inquest, is asserted to be the adjoining neighbor to the appellants and father of the deceased. Besides P.W.3, P.Ws.4 & 9 are post-occurrence witnesses and adjoining neighbor of the appellants. P.Ws.1, 2 & 3 are witnesses to inquest over the dead body of the deceased.

P.W.5 is an independent post-occurrence witness. P.W.9 is the local councilor and an adjoining neighbor of the appellants. P.Ws. 10, 11, 12, 14 & 17 are witnesses to different incriminating seizure. P.Ws.13 & 15 are witnesses to confessional statement of appellant No.1-Santosh @ Khudi Minz before the I.O., which was recorded U/S.27 of the Evidence Act and consequent recovery of the weapons of offence, i.e., one axe with a wooden handle and one wooden stick, which are asserted to have been blood stained. P.W.16 is the then Scientific Officer of D.F.S.L., Sundargarh, who on 05.05.2014, visited the crime scene and collected incriminating materials. P.W.18 is the Investigating Officer, P.W.19 is the Medical Officer, who conducted autopsy over the dead body of the deceased, P.W.20 is the employer of appellant No.1-Santosh @ Khudi Minz, who has been examined to testify that, on the date of occurrence, appellant No.1 was on his duty as a driver.

4. The defence plea is one of complete denial and no evidence has been adduced on behalf of the defence.

5. Learned trial court, in absence of any ocular testimony, has returned its finding of guilt against the appellants on the basis of circumstantial evidence. The circumstances relied on by learned trial court are as follows:-

(I) The dead body was found in the house of the appellants and the death of the deceased was caused in privacy of the appellants’ house.

(II) The weapons of offence, i.e., one axe and a wooden s