The main legal point established in the judgment is the significance of consistent and believable testimonies of prosecution witnesses, along with the relevance of related witnesses' evidence in establishing guilt.

JUDGMENT

Partha Sarathi Sen, J. - The instant Appeal arises out of the judgment and order dated 18.12.2009 and 19.12.2009 as passed by the Learned Additional Sessions Judge 1st Court, Purulia in Session Trial no. 21/2008 arising out of Sessions Case No. 169/2008. By the impugned judgment learned trial court found the charge sheeted accused persons guilty under Sections 302/34of the Indian Penal Code and, thus, sentenced them to suffer rigorous imprisonment for life each and also to pay a fine of Rs. 5000/-each i.d. to suffer further rigorous imprisonment for two years each.

2. The convicts felt aggrieved and, thus, preferred the instant appeal.

3. For effective disposal of the instant appeal the facts leading to initiation of Sessions Trial No. 21/2008 is required to be dealt in a nutshell.

4. One Dukhan Pramanik, son of Kalicharan Pramanik of Village Mukundapur under P.S.- Joypur, District- Purulia lodged a written complaint on 07.08.2008 with the IC Joypur P.S. stating, inter alia, that on the said day at about 9 AM when his sister Hemu Pramanik was returning to her home after taking bath in a local pond, she was abused in filthy languages by one of his neighbours namely; Bankim Pramanik @ Banku Pramanik as well as his other family members. It is the further version of the de facto complainant that after returning home his sister intimated the entire incident to her mother. However, at that time his father as well as the de facto complainant were not at home since both of them were at Joypur in their respective places of employment. It is the further version of the de facto complainant that after returning home his father Kalicharan Pramanik came to learn about the aforementioned incident and then he went to the house of the accused persons to ascertain as to why they had misbehaved with his daughter and at that time one Bhadu Pramanik, wife of aforementioned Bankim Pramanik started abusing his father with filthy languages and started pulling his hands and immediately thereafter the said Bankim Pramanik assaulted the father of the de facto complainant on his head by using a spear to which his father suffered bleeding injuries and fell down on earth and thereafter the accused Lalu Pramanik gave a blow of shovel (shabol) on the head of the father of the de facto complainant and Kartick Pramanik, another accused also assaulted his father by a bamboo stick on the head of his father as well on his person. It is the further version of the de facto complainant that on account of such assault the victim i.e. the father of the de facto complaint succumbed to the aforementioned bodily injuries. In the written complaint it has also been stated that in order to blame the de facto complainant, the victim and his family members, some of the accused persons wounded themselves by self-inflicting injuries.

5. On the basis of the aforementioned written complainant Joypur P.S. Case No. 51/2008 dated 07.08.2008 under Sections 302/201/34 IPC was started, investigation was taken up and on completion of the same charge sheet under Sections 302/201/34 I.P.C was submitted against all the accused persons.

6. After commitment of the instant case, the trial court record was sent to the Learned Trial Judge, being an Additional Sessions Judge for trial and disposal and it reveals from the trial court record that on 11.12.2008 the learned trial court after considering the entire materials as placed before him framed charges under Sections 302/ 34 and 201/34 I.P.C against the present four appellants. Since before the Learned Trial Court the present four appellant pleaded their innocence and claimed to be tried, the trial proceeded.

7. On perusal of the entire trial court record it reveals that, for bringing home the charges, the prosecution before the trial court has examined 15 witnesses in all and several documents and materials have been exhibited. Trial court record reveals further that after due appreciation of the evidence of the prosecution witnesses, both