The credibility of eyewitnesses and the probative value of medical evidence are crucial in evaluating the consistency of ocular and medical evidence in reaching a decision.

JUDGMENT :

1. Heard Mr. Mayank Mohit Sinha, learned Amicus Curiae for the appellant and Mrs. Nehala Sharmin, learned A.P.P. for the State.

2. This appeal is directed against the judgment and order of conviction and sentence dated 23.12.2016 passed by Sri Rajesh Kumar No. 1, learned District & Additional Sessions Judge-I, Khunti in Sessions Trial Case No. 81/2010, whereby and whereunder the appellant has been convicted for the offence punishable u/s 302 of the IPC and has been sentenced to undergo R.I. for life along with a fine of Rs. 20,000/- and in default of payment of fine to undergo R.I. for two more years.

3. The fardbeyan of Sunil Tirkey was recorded on 13.09.2009 at 12:15 P.M. in which, he has stated that a football match was organized on 12.09.2009 between the villages Birda and Sakarpur and the team from the village Birda had won the match. After the match ended, players of both the teams went to their respective houses. It has been alleged that Bipait Oraon of Birda village was sitting in front of the house of Lakho Bhagat and along with him Sunil Tirkey, Gendra and Lakho Oraon were also sitting when all of a sudden at about 6:30 P.M. Dharma Oraon (appellant) had appeared and assaulted Bipait Oraon with a Basula. Bipait Oraon fell down unconscious and Dharma Oraon had once again struck him 2-3 times with the Basula. The villagers had chased and apprehended Dharma Oraon. Bipait Oraon was taken to RIMS, Ranchi for treatment but he succumbed to his injuries.

Based on the aforesaid allegations Karra P.S. Case No. 39/2009 was instituted against Dharma Oraon for the offence punishable u/s 302 of the IPC. On conclusion of investigation charge-sheet was submitted u/s 302 of the IPC against the accused and after cognizance was taken the case was committed to the Court of Sessions where it was registered as Sessions Trial Case No. 81/2010. Charge was framed u/s 302 of the IPC against Dharma Oraon @ Bhagat which was read over and explained to the accused in Hindi to which he pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as eight witnesses in support of its case.

5. PW-1 (Sunil Tirkey) has deposed that the incident is of 12.09.2009 at around 6:30 P.M. when he, Bipait Oraon and Gendra Oraon were sitting in the metalled road. Lakho Oraon was also with them. Dharma Oraon had come from the back with a Basula and assaulted with it a few times on the head of Bipait Oraon. He has stated that Bipait Oraon is also known as Naga Oraon. He died during treatment. Dharma Oraon was caught by the villagers and tied up. The fardbeyan of this witness was recorded at Bariatu Hospital. He has identified his signature in the fardbeyan which has been marked as Exhibit-1.

In cross-examination, he has deposed that the football match was held between Birda and Sakarpur. There were about 300-400 spectators present in the match. He has denied the suggestions that Bipait had sustained injuries due to a fight during the football match. He has stated that he does not know the name of the persons who had caught hold of Dharma.

6. PW-2 (Lakho Bhagat) has deposed that the occurrence took place about 1½ years back in the evening. He was sitting on the road in front of his house when Dharma came from the back and assaulted Bipait on his head with a Basula thrice. On that place Gendra, Lakhwa, Sunil and Bipait Oraon were sitting. Dharma fled away by throwing the Basula in the bushes but he was apprehended by the villagers. Bipait was sent to the Hospital from where he was referred to Ranchi where he succumbed to his injuries.

In cross-examination, he has stated that the assault was committed with the sharp end of the Basula. The Basula was recovered from the bushes by the Police. He does not know the relationship between the wife of Dharma and Bipait.

7. PW-3 (Pullu Oraon) has deposed that when the incident had occurred on 12.09.2009 at 6:30 P.M. he was at Jariya village and the incident had taken place at Birda village. His brother B