The main legal point established in the judgment is the requirement for sterling quality testimony from witnesses and the need for independent corroboration of the last-seen-together theory.

JUDGMENT :

SHREE CHADRASHEKHR. J.

Nala PS Case No. 09 of 2009 was lodged on 21.01.2009 against Kham Murmu and unknown for committing murder of Sk. Mohsin and causing disappearance of his dead body. In course of investigation, the witnesses stated about complicity of Sk. Farid and Ravilal Soren in the occurrence and therefore a charge-sheet was submitted against all three. The fardbeyan of Sk. Alijan who is uncle of Sk. Mohsin was recorded at 11:00 AM by B.P. Raut, officer-in-charge of Nala police station near the wheat fields of Naren Murmu at village Bhandarbera. In his fardbeyan Sk. Alijan has stated that at about 05:00 PM on 20.01.2009 his nephew statted for village Bhandarbera and did not come back home in the night ext day morning Phocho Besra came and informed him that the dead body of Sk. Mohsin was lying in the field of Naren Murmu, whereupon along with Mukhiya and other villagers he had gone there. He has seen several sharp cut injuries on the dead body, lot of blood was spilled on the ground. He has further stated that his nephew had illicit relation with Sevika Besra of village Bhandarbera; his nephew used to visit her frequently, and; sometimes his nephew would stay back in the house of Sevika Besra in the night. The informant has said that on inquiry Sevika Besra told him that few days back Kham Murmu had quarreled with Sk. Mohsin and threatened him not to visit the village else he would kill him. The informant has seen the bicycle of his nephew near the telephone booth of Raju Rakshit and he expressed his apprehension that his nephew was killed at some other place and the accused have thrown his dead body in the wheat fields of Naren Murmu. Lakhikant Dey, Pipul Dey and Sk. Fatik stated before the Investigating Officer that in the night of 20.01.2009 they had seen the accused quarreling with Sk. Mohsin. The witnesses spoke about split between Sevika Besra and Kham Murmu, second marriage of Sevika Besra and animosity between Sk. Farid and Sk. Alijan. The doctor who conducted the postmortem examination on 22.01.2009 has found seven sharp cut and one lacerated wounds of varying dimensions over different parts of the body of Sk. Mohsin.

2. In the trial, a common charge under sections 302/34 and 201/34 of the Indian Penal Code was framed against Kham Murmu, Sk. Farid and Ravilal Soren and to prove the charges the prosecution has examined eleven witnesses. PW1- Lakhikant Dey, PW2-Pipul Dey and PW4- Phocho Besra are the co-villagers. PW3-Sk. Alijan, PW6- Sk. Fatik, PW7- Lalu Ali, PW8-Pakija Bibi, PW9-Sk. Ahsan and PW10- Sk. Sahjahan ar closely related to Sk. Mohsin. The learned trial Judge has found the evidence of PW1, PW2 and PW6 credible and held that involvement of the accused in the Occurrence was established. The learned trial Judge has further held that minor contradictions in the testimony of the prosecution witnesses were natural, the evidence on last-seen-together has remained intact, and the defence has failed to suggest a reason for false implication of the accused.

3. The learned District & Sessions Judge-Ist Jamtara has appreciated the prosecution evidence in the following manner:

"9. Having heard the learned counsel for the parties and after thorough scrutinising the oral and documentary evidences of the parties, it appears that it is the case of the prosecution that accused Kham Alurmu, Ravilal Soren and Sk. Farid committing the alleged offence of murder by intentionally causing death of Sk. Mohsin and also disappear certain evidences connected with the offence of murder with intention to screen the offender from legal punishment. According to the prosecution, there were two occurrence committed by the accused persons with deceased Sk. Mohsin. In first occurrence, the accused persons were caught the deceased Sk. Mohsin and brutally assaulted him and took away towards Bhandarbera. On the next day, the dead body of Sk. Mohsin was found in the wheat crop field of Naren Murmu which is the 2nd place of occurrence.