Circumstantial evidence must establish guilt beyond reasonable doubt and exclude all hypotheses of innocence; insufficient evidence led to the acquittal of the accused.

JUDGMENT :

D.Dash, J.

The Appellant, by filing this Appeal from inside the jail, has assailed the judgment of conviction and order of sentence 12^th November, 2014 passed by the learned Additional Sessions Judge, Baripada, Mayurbhanj in S.T. No.24-67 of 2012 arising out of G.R. Case No.1385 of 2011 corresponding to Chandua P.S. Case No.64 of 2011 in the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Baripada.

The Appellant (accused) thereunder has been convicted for committing the offence under section 302 of the Indian Penal Code, 1860 (for short, ‘the IPC’) and accordingly, he has been sentenced to undergo imprisonment for life and pay fine of Rs.5,000/- (Rupees Five Thousand) in default to undergo rigorous imprisonment for a period of six (6) months.

2. Prosecution Case:-

Accused Mangal Marandi is the son of Gara Marandi and Dangi Marandi. Gara and Dangi has two daughters and two sons. All of them are married. The younger son Rameswar and younger daughter Mamati reside away from their village. The other daughter Kajal (deceased), having left her children, prior to five years of her death, was staying with her mother, who was a widow by then. Mangal (accused), with other members of his family, were residing with his mother Dangi and sister Kajal in their ancestral house. With regard to the partition of the joint family property, there having arisen dispute between the accused in one hand and the mother on the other; the accused, with his family, started residing in a separate house near about their ancestral house. The accused then used to quarrel with his mother and sister frequently. On 13.11.2011, there being a quarrel between the accused and his mother, he had assaulted them. Apprehending danger, the mother of the accused went to her father’s place at Village-Bhalukulia. On 15.11.2011, during noon hours, when she returned and went inside home, she was shocked to see her daughter (deceased) lying dead with her head being separated from the trunk. Immediately, she informed the incident to Guruva Marandi, Baji Marandi and others. It was then ascertained that on account of the enmity, the accused had killed the deceased and severed her head from the body.

The mother of the accused, namely, Dangi, then lodged a written report with the Officer-in-Charge (OIC), Chandua Police Station. Receiving the said report, the OIC registered Chandua P.S. Case No.64 of 2011 under 302 IPC and took up investigation. He immediately examined the Informant and other witnesses, visited the spot, held inquest over the dead body of the deceased and sent the same for post mortem examination by issuing necessary requisition. He also made seizure of the incriminating articles under proper seizure lists. The accused, being arrested while in custody, is said to have led the police and other witnesses to give the recovery of the axe, which he had kept concealed near the Plantain tree covered with earth situated on the backward of his house by giving statement to that effect. He also gave recovery of his wearing apparels. Finally, on completion of the investigation, the Final Form was submitted placing this accused to face the trial for commission of offence under section 302 IPC.

3. Learned S.D.J.M., Baripada, receiving the Final Form, as above, took cognizance of said offence and after observing all the formalities, committed the case to the Court of Sessions for trial. That is how, the trial commenced by framing the charge against the accused for th