- (1.)Heard Mr. Rakesh Sarma, learned Amicus Curiae representing the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor.
(2.)This Criminal Appeal (J) has been registered under Sec. 374(2) of the Code Of Criminal Procedure, 1973, on filing of an appeal petition by the appellant, Shri Matiram Munda @ Matkam Munda, through the Superintendent, District Jail, Diphu impugning the Judgment dtd. 13/3/2019 passed by the learned Sessions Judge, Karbi-Anglong, Diphu in Sessions Case No. 54/2010 (corresponding to G.R. Case No. 201/2009 and Bakalia Police Station Case No. 35/2009), whereby the present appellant was convicted under Sec. 302 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs.2,000.00 and in default of payment of fine to undergo further Simple Imprisonment for 2(two) months.
(3.)The learned Sessions Judge, Karbi-Anglong, Diphu, in the impugned Judgment, has come to the finding of the guilt of the present appellant on the basis of circumstantial evidence as well as on the basis that the appellant has failed to discharge his burden under Sec. 106 of the Indian Evidence Act, 1872. Whereas, the main contention of learned Amicus Curiae is that the prosecution side has failed to establish the guilt of the appellant beyond all reasonable doubt and that the circumstances established by the evidence, during trial, does not lead only to the hypothesis of guilt of the present appellant.