The main legal point established is the requirement for reliable and corroborated evidence to establish guilt beyond reasonable doubt in criminal cases.

JUDGMENT :

Heard Mr. Vishal Kumar Tiwary, learned counsel for the appellants and Mr. Vineet Kumar Vashistha, learned A.P.P.

2. Both these appeals are directed against the judgment of conviction dated 31.07.2017and order of sentence dated 1.8.2017, passed by Shri Rama Kant Mishra, learned Additional Sessions Judge-II, West Singhbhum at Chaibasa in S.T. No. 4 of 2011/S.T. No. 137 of 2011, whereby and whereunder the appellants in Cr. Appeal ( D.B.). No. 1634 of 2017 have been convicted for the offences punishable under sections 302/34 and Section 201/34 of the Indian Penal Code and have been sentenced to imprisonment for life along with a fine of Rs.20,000/-for the offence under section 302/34 IPC and in default in payment of fine to undergo further rigorous imprisonment of six months. They have further been sentenced to undergo rigorous imprisonment for three years along with a fine of Rs.10,000/-each for the offence punishable under section 201/34 IPC and in case of default in payment of fine to further undergo rigorous imprisonment of six months. So far as the appellant in Cr. Appeal (D.B.) No. 252 of 2021 is concerned, he has been convicted for the offence punishable under section 201/34 IPC and has been sentenced to undergo rigorous imprisonment for three years along with a fine of Rs.10,000/-and in default in payment of fine to undergo rigorous imprisonment for a further period of six months.

3. The fardbeyan of Urmila Birua was recorded on 3.3.2010, in which it has been stated that on 2.3.2010 at about 10.30 P.M., on hearing a commotion, she had gone to the house of village Munda-Jaipal Singh Birua where she had seen Koka Ban Singh catching hold of her husband-Mangal Singh Birua by putting a ‘gamchha’ in his neck and he was being assisted by Dursu Birua, Kitti Birua and Mangal Singh Birua. Koka Ban Singh was telling the Munda that the husband of the informant had committed rape upon his wife, at which the Munda told them to take him away. It has been alleged that the accused persons thereafter had dragged the husband of the informant outside and tied him up in a ‘Babul’ tree at Upri Tola. All the accused persons started assaulting him with lathi and danda, which resulted in his death. The informant had pleaded with them to spare her husband but the same fell on deaf ears. Feeling helpless, she returned back home. In the morning at 5 A.M., Motka Sidiu and Kitti Birua brought the dead body of her husband and kept it in the alley besides the house of the Munda and went away. The Munda had come to the house of the informant at 8 A.M., and told her to take away the dead body of her husband and cremate it. The informant had brought back the dead body of her husband and the Munda again came and told her to cremate the dead body. As per the direction of the Munda, the dead body of her husband was cremated by her.

4. Based on the aforesaid allegations, Manjhari P.S. Case No. 11 of 2010 was instituted for the offence punishable under section 302/34 IPC against five named accused persons. On completion of investigation, charge sheet was submitted against 11 persons under sections 302/201/34 IPC. Investigation continued against two unnamed accused persons and ultimately supplementary charge sheet was submitted against Chandrasekhar Birua @ Chambaru Birua and Chandra Birua under sections 302/201/34 IPC. Cognizance was taken of the offence against 11 accused persons vide order dated 1.12.2010 and the case was committed to the court of sessions where it was registered as S.T. No. 4 of 2011. On submission of supplementary chargesheet, cognizance was taken against two accused persons and their case was also committed to the court of sessions where it was registered as S.T. No. 137 of 2011. Vide order dated 15.12.2011, the case record of S.T. Case No. 137 of 2011 was amalgamated with S.T. Case No. 4 of 2011. On 10.05.2012, charge was framed against all the thirteen accused persons for the offences punishable under sections 302/34 and 201/34 IPC