The court found discrepancies in witness testimonies, lack of medical evidence, and illegal recovery of weapons, leading to the acquittal of the accused under Section 302 IPC.

JUDGMENT

Bibhas Ranjan De, J. - After being convicted and sentenced in Sessions Trial no. 01 of 2019 arising out of Sessions Case No. 100 of 2018 in connection with Joypur PS Case No. 22/2018 dated 22.03.2018 under Section 302 of the Indian Penal Code (for short IPC), by the Ld. Additional Sessions Judge, Fast Track Court No. 2, Purulia vide judgment and order dated 27.02.2020, the accused persons/appellants have filed an instant Criminal Appeal.

2. By the impugned judgment and order, the Ld. Trial Court convicted and sentenced the appellants to undergo imprisonment for life and a fine of Rs. 5000/- each for the offence under Section 302 of the IPC and in default payment thereof, the appellant were directed to undergo six (6) months' additional imprisonment.

3. The facts as unfolded by the prosecution, in short conspectus, are that a written complaint was handed over to the Inspector in charge Joypur PS by the First Informant, Sri. Haradhan Rajowar (PW-1) on 22.03.2018 stating therein that marriage of his cousin brother was settled with one Upashi Rajowar, the daughter of Budhu Rajwar of village Nutandih but the marriage was cancelled at the instance of bride's family. As a result, their grudge increased upon his cousin brother. On yesterday night dated 21.03.2018 at about 8.00 clock at night, Ramprasad Rajowar, the cousin brother of Lankeswar called him (Lankeswar) to set fire on his brick kiln. There, Gangadhar Rajwar (A-1) and his brother Abhiram Rajowar (A-2) assaulted Lankeswar Rajwar on his head with a segment of timber to kill him. As a result of which, Lankeswar Rajowar sustained severe injury on his head and leg and became senseless on the spot. At about 02.00 a.m. at night, after getting information from Ramprasad (PW-2), Nabin Rajowar (PW-5), the elder brother of Lankeswar reached that place along with other persons and rescued Lankeswar and took him to Joypur Hospital for treatment and thereafter he was shifted to Ranchi Hospital and he ultimately died on 24.03.2018. i.e after lodgment of First Information Report.

4. After registration of the case the Investigating Officer (for short I.O), Subhankar Sarkar (PW-13) took up investigation and during investigation he prepared sketch map (Exhibit-10) recorded the statements of witnesses under Section 161 of the Criminal Procedure Code (for short Cr.P.C) and he also got statement of witnesses recorded under Section 164 Cr.P.C. He prepared seizure list in respect of controlled earth and blood stained earth under a seizure list (Exhibit 2/2). He recorded statement (Exhibit-11) of Abhiram Rajowar (A-2) and the statement (exhibit- 12) of Gangadhar Rajowar (A-1) leading to which discovery was made under seizure list (Exhibit 7/2 & 8/2). On his transfer another investigating Officer, Jayanta Kumar Chakraborty (PW- 14) took up investigation of this case. He collected Post Mortem Report, Injury Report and sent seized Alamats to Forensic Laboratory for examination and after completion of investigation charge sheet was submitted against the appellants under Section 341/325/302/34 of the IPC.

5. As the case was exclusively triable by the Court of Sessions, the Ld. Chief Judicial Magistrate, Purulia, committed the case to the Court of sessions, contents of which came to be registered as Sessions Trial No.01 of 2019.Ld. Sessions Judge transferred the case to the Fast Track Court No. 2 Purulia for trial. Ld. Trial Court framed charge under Section 341/325/302/34 of the IPC against both the appellants, contents of which was read over and explained to accused persons/appellants to which they pleaded not guilty and claimed to be tried.

6. To bring home the guilt of the appellants to the hilt, the prosecution has examined as many as 14 witnesses. Haradhan Rajowar, PW-1 is the first informant, Ramprasad Rajowar as PW- 2, Kantiram Rajowar as PW-3, Dr. Biswajit Das as PW-4 is the Medical Officer, Nabin Rajwar as PW-5, Upasi Rajowar as PW-6, Sk. Dayud as PW-7, Asit Kumar as PW-8, Bostobihari Das as