Circumstantial evidence must create a complete chain without gaps and exclude reasonable hypotheses of innocence to sustain a murder conviction.

JUDGMENT :

D. DASH, J.

1. The Appellant, by filing this Appeal, has called in question the judgment of conviction and the order of sentence 23^rd March, 2021 passed by the learned Additional Sessions Judge, Rairangpur, in S.T. No.15 of 2018 arising out of G.R. Case No.464 of 2017 (T.C. No.109(A)/2018) corresponding to Rairangpur Rural P.S. Case No.69 of 2017 of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Rairangpur.

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.10,000/- (Rupees Ten Thousand) in default to undergo rigorous imprisonment for six (6) months for the offence under section 302 .

2. Prosecution Case:-

On 03.12.2017 around 9.00 a.m., Masang Majhi, son of Pirthi Majhi went to his place of service at Rairangpur. The mother of Masang, namely, Dhanka Majhi (P.W.9) and the wife of Msasang, namely, Dukhini Majhi (P.W.16) then went to their paddy field. At that time, Pirthi Majhi (deceased) was in the house.

Around 5.15 p.m. on that day, Dukhini (P.W.16) informed Masang (P.W.13) over telephone that her father-in-law Pirthi (deceased) was lying in the cultivable land of one Bahadur Majhi with bleeding injury on his head and ear. Dukhini (P.W.16) then called the villagers, namely, Ranjan Majhi, Kasinath Mahali, who carried her father-in-law (deceased) to their house from that paddy field. Masang son of Pirthi (P.W.13) then arrived there and he, with the help of others, took the deceased to Rairangpur Hospital. Condition of Pirthi being serious and he was not able to talk. Masang (P.W.13) having asked Pirthi (deceased) as to who assaulted him, he could not speak anything.

On 14.12.2017 around 1.30 a.m. in the night, Pirthi died in the Hospital. Masang (P.W.13), the son of Pirthi (deceased), then having suspected the accused to have intentionally caused the death of his father (Pirthi) as he was having prior enmity, lodged a written report with the Officer-in-Charge (O.I.C) of the Rairangpur Rural Police Station. The O.I.C, then treated the same as F.I.R. (Extg.6), registered the case and took up the investigation.

3. In course of investigation, the Investigating Officer (I.O.) examined Masang, (Informant-P.W.13) and recorded his statement and those of other witnesses under section 161 of the Code of Criminal Procedure, 1973. He visited the spot and prepared the spot map (Ext.11) and held inquest over the dead body of the deceased and prepared the report (Ext.3). He seized the blood stained earth and sample earth from the spot and sent the dead body of the deceased by issuing requisition for post mortem examination. The accused, being arrested, said to have confessed his guilt while in police custody. It is further stated that the accused, pursuant to his statement while in police custody, led the police and others to the place where he had kept the stone and gave recovery of the same, which was seized by the I.O. (P.W.19) in presence of the witnesses under seizure list (Ext.8). The incriminating articles seized in course of investigation were sent for chemical examination. Receiving the order of transfer, the I.O. (P.W.19) handed over the charge of the investigation to his successor-in-office i.e., P.W.18, who, on completion of the investigation, submitted the Final Form placing the accused to face the Trial for commission of the offence under section 302 of the IPC .

4. Learned S.D.J.M., Rairangpur, on receipt of the Final Form, took cognizance of the offence and after observing the formalities, committed the c