IMPORTANT POINTS
Non-examination of material witness is, in itself, not fatal to prosecution story if evidence of other witness trustworthy and corroborated.
There is no legal impediment in convicting an accused on the basis of evidence of a single witness provided it is trustworthy and corroborated.

JUDGMENT

Dipak Misra, J.

The present appeal is preferred under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (“TADA” for short) assailing the judgment passed by the Designated Court, Guwahati in TADA Sessions Case No. 47 of 2001, whereby the Designated Court has acquitted the Appellant under TADA on the foundation that there is no material to implicate him under the provisions of TADA and found that there is adequate material to convict him under Section 302 of the Indian Penal Code, 1860 (“IPC” for short) and accordingly recorded the conviction and sentenced him to undergo rigorous imprisonment for life with fine of Rs.50,000/-, in default, to suffer further rigorous imprisonment for five years.

2. The prosecution case, as unfolded, is that on 2.3.1991 about 6.30 p.m., the deceased, Dr. Swapan Sathi Barman, a medical practitioner, while attending to the patients in his clinic, was shot by two unidentified youths from the point blank range as a consequence of which he breathed his last. An FIR was lodged by one Kumud Bora on the following day i.e. 3.3.1991 at Jamuguri police station under Sonitpur district and on the basis of the said FIR Station Case No. 20/91 u/s 302/34 IPC read with Sections 3/4 of TADA was registered which set the criminal law in motion.

3. During investigation, certain incriminating documents belonging to Assam United Reservation Movement were recovered from the residence of one Martan Dey of Tupia Gaon. The Investigating Officers examined number of witnesses who had heard about the occurrence from the wife and daughter of the deceased and on 04.11.1993, they recorded the statement of Suren Hazarika, PW-14, under Section 161 CrPC. His statement under Section 164 CrPC was also recorded. Thereafter, on the basis of the statement of Hazarika, steps were taken to apprehend the accused-appellant, and eventually on 20.02.1999 he was arrested and ultimately charge sheet was filed before the Trial Court on 29.07.2001.

4. The prosecution in order to prove its case examined 17 witnesses out of which many were formal witnesses and the investigating officers as the investigation was carried out by three officers. The two relevant witnesses are Dr. Prabhash Kr. Barman, PW-17, who had conducted the post mortem and Suren Hazarika, PW-14, who claims to be the eye witness.

5. After the examination of the witnesses cited on behalf of the prosecution was over, statement of the accused under Section 313 CrPC was recorded in which he pleaded not guilty and took the stand of false implication. The defence chose not to adduce any evidence. The Designated Court did not find any material to show complicity of the accused in any of the offences in respect of which charges had been framed under the TADA and accordingly opined that he was not guilty of the same. However, as has been stated earlier, the Designated Court found that the prosecution had brought home the charge under Section 302 IPC against the accused. For arriving at the said conclusion, as the reasoning of the Designated Court would reveal, it has placed reliance on the testimony of PWs-14 and 17.

6. Mr. Goswami, learned senior counsel for the appellant, criticizing the judgment of the Designated Court, has submitted that there can be no cavil over the proposition that a conviction can rest on the sole testimony of a singular witness but the said witness has to be absolutely reliable so that the credence can be given to his testimony. In the case at hand, submits Mr. Goswami, PW-14 has surfaced after two years eight months by availing the specious plea that he was threatened and therefore, he could not apprise the investigating agency about the occurrence which makes his version absolutely incredible. It is also contended by him that as per the prosecution story, the wife was inside the house and the daughter, Ms. Prantika Barman, who was with the deceased, have not been examined and such non-examination of material witnesses, in the absence of