Ashim Kumar Banerjee, J. - (1.) Nobody had seen the. victim being murdered. The accused was convicted on the basis of the circumstantial evidence. Does the evidence-on-record justify such conviction, is the question which is pased in this appeal to be decided by us through this judgment.
(2.) One Jagdish Biswas owned substantial plots of land under the Police Station Hut Bay. He was a patient of gastric ulcer, moreover, he was not well-built. He could not manage his own affairs including the act of cultivation. He entrusted this job to one Mohim Mazumdar. Mohim was given a part of the land for cultivation of betel leaves. He was also entrusted to look after the cultivation work on the rest part of the land. It was agreed upon by and between them that the usufructs of betel leaves cultivation liquid be enjoyed by Mohim in exchange of his labour given for cultivation of the rest of the land, He was also allowed to stay with Jagdish coupled with free food and lodging. When Jagdish came to Port Blair for his treatment, his daughter Sumati was alone in the house. Taking advantage of the situation, Mohim proposed her to marry which Sumati did not agree. After her parents came back from the Hospital, she narrated the incident. Altercation took place between Mohim and Jagdish. Jagdish asked him to make IMS own arrangement, for stay. According to Mohim, nobody asked him to stay separately. He, of his own, started staying in a hut near the house of Jagdish. Cultivation arrangement however, continued to remain as it is.
(3.) On the fateful day, Mohim had dinner with Jagdish and his family members. After dinner he left for his house. At about 11 p.m. he came back and informed Jagdish that a snake entered in his hut. He requested Jagdish to help him to kill the snake. Jagdish followed Mohim to his hut. He was not coming back. His wife Kusum came outside the house to search for Jagdish, when she found that Jagdish was lying dead in the compound outside the house with bleeding through his nose. She then raised alarm. She also accused Mohim for killing Jagdish. The Police Station was informed. Police came in the presence of Nirmal, Tarapada, Motilal and one Koya Kutti, the residents of the said village. Police arrested Mohim. Police also seized banana leaves near the hut of Mohim having blood stain. Police also seized a Gamcha with blood stain found within a drum near the well Police, also seized a Lungi which was worn by Mohim while he was arrested. The Lungi was also having blood stain. Motilal and Koya Kutti became witness to the seizure list.;