IMPORTANT POINT
Evidence which is found truthful and credible otherwise cannot be discarded on ground that witness was related to victim or had criminal antecedents.

JUDGMENT

Arijit Pasayat, J.-Six persons faced trial for alleged commission of offences punishable under Sections 147, 148, 149, 326, 307 read with Section 34, 452 read with Section 34 and 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC ). Appellant-Anil Sharma was sentenced to death. The others were sentenced to undergo imprisonment for life under Section 302 read with Section 34 IPC. Each was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 2,000/- each with default stipulation for the offence punishable under Section 307 read with Section 34 IPC.

2. The prosecution version in a nutshell is as follows :

Hare Ram Singh @ Manoj Singh (PW-6) who was the cousin of Sudhir Singh @ Bhoma (hereinafter referred to as the deceased ) lodged fardbayan. He claimed to be an injured in the occurrence in question which took place on 22.1.1999. The occurrence is said to have taken place at 6.45 A.M. on that day in Ward No. 2 of Jail Hospital in Birsa Munda Central Jail, Ranchi and on the basis of fardbayan, Lower Bazar P.S. Case No. 12/99 was registered at 11.00 A.M. on that day and formal F.I.R. (Ext. 8/1) was drawn up. The said Fardbayan (Ext. 8) along with the formal F.I.R. (Ext. 8/1) was received in the court of C.J.M., Ranchi on 23.1.1999.

3. Recital in the fardbayan was that PW-6 had gone to Ward No. 2 of the Jail Hospital at 6.45 A.M. on 22.1.1999 as usual to his cousin deceased Sudhir Singh @ Bhoma from his Ward No. 6 of the Jail and he used to sit with Sudhir for the whole day and he also used to keep his clothes etc. there. Soon thereafter, when he was talking with deceased Sudhir Singh, accused-appellants Anil Sharma, Sushil Srivastava, Niranjan Kumar Singh, Mr. Hasim @ Madhu Mian all armed with Chhura, Bablu Srivastava and Gopal Das armed with belt and iron rod respectively along with 10 or 12 other persons came near deceased Sudhir Singh and appellant Anil Sharma caught hold of his collar and at this stage deceased asked as to "what has happened, brother" and in the meantime appellant Anil Sharma assaulted him by Chhura and appellant Sushil Srivastava, Niranjan Kumar Singh and Md. Hasim @ Madhu Mian made assault on him by Chhura with which they were armed and appellant Bablu Srivastava and Gopal Das also assaulted him by belt and iron rod respectively, besides 10 or 12 other persons aforesaid who had surrounded and assaulted him. The informant (PW-6) requested appellant Anil Sharma to let off and leave deceased Sudhir Singh and also enquired as to what is the matter, but no avail and the deceased fell on the ground as a result of injuries sustained. Appellant Anil Sharma thereafter mounted attack on the informant and inflicted a blow on his neck by Chhura and appellant Sushil Srivastava and Niranjan Kumar Singh assaulted him by Chhura causing bleeding injury on his head and left hand respectively. The informant (PW-6) also fell down being injured and other persons aforesaid also assaulted him by kicks and fists. There was then the ringing of alarm bell. After few minutes the Jail constables came there blowing whistles and during that period there was a great stampede and deceased Sudhir Singh in an unconscious state along with the injured informant was shifted to R.M.C.H. Ranchi for treatment where the informant was undergoing treatment. But Sudhir Singh died on his way to the Hospital.

4. The trial Court found the accused persons guilty on consideration of the evidence led by the prosecution by examining 18 witnesses. Twelve witnesses were examined on behalf of the accused persons who pleaded innocence and false implication. They took a specific stand that they were in their wards inside the jail and, therefore, the question of committing any murder was totally improbable. There was no report made by Hare Ram Singh (PW-6) as claimed. The Trial Court recorded conviction and awarded sentences as afore-noted. For its conclusions Trial Court primarily relied on evidence of PWs 5