NIBARAN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30.3.98 passed by the learned Sessions Judge, Barpeta in a Sessions Case No. 26/95 thereby convicting the accused appellant under Section 302 IPC and sentencing; him to undergo imprisonment for life, and also to pay a fine of Rs.1,000/-, in default to further imprisonment for three months.

(2.) The prosecution story of the case in brief is that on 15.5.90 about 7.00 PM the accused appellant Nibaran Das came to the house of Radha Kanta Das and took him for fishing in the river Beki under Sorbhog P.S., said Radha Kamta Das did not return from fishing and later on when the accused was confirmed by the villagers, he confessed to have killed the deceased by assaulting him with an oar, used for the purpose of boating and threw the dead body in the river. The dead body of deceased Radha Kanta Das was fished out. FIR was lodged before the police naming the accused as assailant. After usual investigation, police submitted charge-sheet. The accused was tried for the offence under Section 302 IPC and on conclusion of the trial, he was convicted under the above section of law and sentenced to imprisonment for life and to pay a fine of Rs. 1,000/-, in default to further R.1 for three months.

(3.) In this case, there is no eyewitness to the brutal murder of Radha Kanta Das Prosecution has relied on the circumstantial evidence to bring home the charge. Before proceeding with the circumstances established by the prosecution it will be useful to recapitulate the principles of circumstantial evidence as laid down by the Apex Court in the case of Hanumant-Vs-State of M.R, AIR 1952 SC 343.