The main legal point established in the judgment is the importance of consistent and reliable evidence in criminal cases, and the court's discretion to modify convictions based on the evidence presented.

JUDGMENT :

Rongon Mukhopadhyay, J.

Heard Mr. Anuj Kumar as well as Ms. Anshu Dubey, learned counsels for the appellant and Mr. Abhay Kumar Tiwari, learned A.P.P.

2. This criminal appeal is directed against the judgment of conviction and order of sentence dated 01.07.2010 passed by Sri A. K. Choudhary, learned Sessions Judge, Godda in Sessions Case No. 11 of 2010, whereby and whereunder, the appellant has been convicted for the offences punishable u/s 302, 376 and 379 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment (R.I.) for life along with a fine of Rs. 10,000/-for the offence u/s 302 of the I.P.C. and in default of payment of fine to undergo simple imprisonment for six months, rigorous imprisonment for seven years and a fine of Rs. 5,000/-for the offence punishable u/s 376 of the I.P.C. and in default of payment of fine to undergo simple imprisonment for three months and rigorous imprisonment for two years and a fine of Rs. 1,000/-for the offence punishable u/s 379 of the I.P.C. and in default to undergo simple imprisonment for one month. All the sentences were directed to run concurrently.

3. The Fardbeyan of Usha Devi was recorded on 8.10.2009 at village Goria wherein it has been stated that last night she was sleeping in her room with her child and in the verandah her mother-in-law Sakuna Devi was sleeping. Her husband was not present in the house. It is alleged that at about 1 a.m. she went out of the house to answer the call of nature when she saw Subodh Pandit (appellant) whose house is adjacent to her house coming inside the courtyard at which she called her mother-in-law who asked Subodh Pandit the reasons for his coming. It has further been alleged that Subodh started abusing and asked her mother-in-law to keep quiet and when he started entering into her room her mother-in-law tried to stop him by catching hold of his hand at which Subodh started assaulting her mother-in-law with the handle of a hand pump. She out of fear went inside the room and Subodh also followed and told her that he has murdered her mother-in-law. It has been alleged that Subodh by threatening her committed rape upon her for three and half hours. When Subodh left she came out from her room and found her mother-in-law lying dead in the courtyard. When she started wailing the others arrived and informed her husband through phone.

Based on the aforesaid allegations, Boarijore (Lalmatiya) P.S. Case No. 86/2009 was instituted for the offences punishable u/s 302 and 376 of the I.P.C. against Subodh Pandit. On conclusion of investigation charge-sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions where it was registered as Sessions Case No. 11 of 2010. Charge was framed against the accused for the offences punishable u/s 302, 376 and 379 of the I.P.C. which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as fourteen (14) witnesses in support of its case.

P.W. 1 Usha Devi is the informant who has stated that about six months back at about 1 a.m. she was going to answer the call of nature when she found Subodh Pandit in the courtyard. When she raised an alarm, her mother-in-law came and started abusing at which Subodh went near her and told her to remain silent. Subodh thereafter took the handle of a hand pump and assaulted her mother-in-law which resulted in her death. She has stated that Subodh had thereafter snatched her jewellaries and thrice had committed rape upon her. Subodh left her house at 4.30 a.m. She has identified her signature in the Fardbeyan which has been marked as Ext. 1.

In cross examination, this witness has deposed that she had a three year old child. Her mother-in-law never used to permit her to go out of the house. On the date of occurrence she had gone to urinate in the courtyard itself. Her mother-in-law was sleeping in the verandah. She has stated that when Subodh s