- (1.) The appellant Raghu @ Roga Hembram and one Rajen Nayek were placed on trial before the learned Additional Sessions Judge, Midnapore to answer a charge under section 302/34 of the Indian Penal Code. In the said trial by a judgement and order passed on September 11, 1998 the appellant was finally convicted under section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment of life and to pay fine of Rs.5,000/-, in default to suffer rigorous imprisonment for a further period of one year and having found the co-accused not guilty passed an order of acquittal in his favour. Hence, this appeal.
(2.) It is the case of the prosecution that on August 19, 1991 at about 7 p.m in the evening the victim Kartick Chandra Jana accompanied by Rajen Nayek and Raghu Hembram went out for having liquor but did not return home and on the next morning his dead body was found lying near the bank of Irrigation Canal of Nayanjuli. Subsequently, it was ascertained while they were consuming liquor at the shop of Bharat Tudu some quarrel took place between them but the same was soon pacified at the intervention of Bharat Tudu. It was also the case of the prosecution soon thereafter some witnesses found the appellant Raghu Hembram with an axe near the place where the dead body was found and after arrest, at his instance the axe was recovered from near the place of occurrence and the bloodstained wearing apparels of the appellant from his house.
(3.) This is a case where there is no eyewitness to the murder and the prosecution case entirely rests on circumstantial evidence. The prosecution in order to sustain the charge against the appellant examined as many as 12 witnesses, while defence examined none and pleaded innocence.;