Circumstantial evidence must form a continuous chain of facts that conclusively connect the accused to the crime, leading to a conviction beyond reasonable doubt.

JUDGMENT

T. Amarnath Goud, J. - Heard Mr. R. G. Chakraborty, learned counsel appearing for the appellant. Also heard Mr. S. Debnath, learned Additional Public Prosecutor appearing for the State-respondent.

2. This criminal appeal under Section-374 of the Code of Criminal Procedure is directed against the judgment and order of conviction dated 09.07.2019, passed by the learned Sessions Judge, Sonamura, Sepahijala Tripura Judicial District, in connection with case No. S.T.(T-1) 08 of 2017, whereby and whereunder, the appellant has been convicted under Sections-302/376 of IPC and thereby sentenced to suffer rigorous imprisonment for life under Section-302 of IPC and he is also sentenced to pay a fine of Rs.10,000/- for the same offence and in default to pay fine money, he will have to suffer RI for further 6(six) months. Further the convict-appellant has been sentenced to suffer RI for a period of 10(ten) years for committing offence punishable under Section-376 of IPC with a fine of Rs.10,000/- in default to make payment of fine money, he will have to suffer RI for further 6(six) months. Both the sentences shall run concurrently.

3. The factual background of the prosecution case is that on 07.06.2017 at about 0800 hours the daughter of the complainant namely Payel Murasing went out from her house towards Kumbapara by riding her bicycle for 'Jhum' cultivation and to supply meal to her father and after reaching there she worked with her father and at about 1230 hours shed proceeded towards house at Kukichara again riding her bicycle after collecting some forest vegetables. But till at about 2030 hours that night she did not return back her house. Thereafter, the parents and other relatives of the victim started searching for her but could not find her out. On the next morning i.e. on 08.06.2017 the parents and other relatives again searched and at about 1300 hours the dead body of Payel Murasing was recovered at East Gamaicharra in the rubber garden of one Chandra Mohan Debbarma. The complainant stated that some unknown miscreants committed rape upon his daughter and then murdered her and left the dead body in the jungle. Prior to receipt of FIR SI Pravat Ch. Shil went to the P.O and recorded the oral Ejahar of the informant and forwarded the same to O/C Melaghar P.S for registration of a specific case.

4. Accordingly, on receipt of the Ejahar Inspector Manindra Debnath (PW-36), O/C Melaghar P.S registered a specific case bearing No.2017MLG022 under Sections 376 /302 of IPC dated 08.06.2017 against some unknown miscreant person and he himself took up investigation of this case.

[4.1] During investigation, the I/O first of all visited the P.O and also visited the Melaghar Sub-Divisional Hospital Morgue and made the arrangement for post-mortem examination of the dead body, caused arrest of appellant Purna Chand Tripura, the appellant herein, and also produced the witnesses namely Mangalsree and Udai Murasing PWs-22 & 7 respectively for recording their statement under Section-164(5) of Cr.P.C, recorded the disclosure statement of appellant Purna Chand Tripura (Exbt.9 to 9/3) and pointing out memorandum by appellant in presence of two witnesses also one Executive Magistrate and also arranged for potency test of appellant Purna Chand Tripura, forwarded the viscera samples of deceased to SFSL, Narsingarh through SDPO, Sonamura, collected the post-mortem examination report of the deceased, seized some documents of deceased Payel Murasing, the deceased herein, collected the spot visit report prepared by SFSL mobile team and also collected the SFSL report and examined the available wi