IMPORTANT POINT
The credibility of witnesses and the establishment of guilt beyond reasonable doubt are crucial in criminal cases.

ORDER :

1. Santosh Rai who faced the trial on the charge under sections 302, 323 and 341 of the Indian Penal Code has been convicted and sentenced for the aforesaid offences in Sessions Trial No. 92 of 2006.

2. The convict has challenged the judgment dated 18th August 2012 passed in Sessions Trial No. 92 of 2006 by filing the present criminal appeal under section 374(2) of the Code of Criminal Procedure.

3. During the trial the prosecution examined nine witnesses out of whom PW-1 Pramila Devi is the wife, PW-2 Mahadev Rai is the son and PW-3 Dhaneshwar Rai and PW-4 Ram Rai are close relatives of Susen Rai. They have been projected as star witnesses for the prosecution - they are eyewitnesses.

4. The appellant set-up a defence of false implication on the ground of previous land dispute with Susen Rai and in support thereof has examined DW-1 Ashok Lohar who has deposed in the Court that while catching fish in the river Susen Rai fell on the stone and sustain head injury.

5. The Principal District and Sessions Judge at Saraikella Kharsawan has accepted the prosecution evidence and held that the testimony of DW-1 being in sharp contradiction to the medical evidence is not reliable and acceptable. The trial Judge has further held that the prosecution has proved the manner of occurrence and motive for the crime and presence of the eyewitnesses at the place of occurrence cannot be doubted.

6. The trial Judge has discussed the evidence tendered by the parties in the following manner:

“22. The main thrust of the defence was that the manner of occurrence as stated by wife of the deceased (PW-1) is not believable and trustworthy. He has submitted before me that the deceased fell down on the rocky surface in Palna Dam due to which he sustained injury on the head and died and in support of this he has examined DW-1 Ashok Lohar. Further he has submitted that PW-1 Pramila Devi who is wife of the deceased is interested witness and she has admitted during cross-examination in Para-9 that the accused has assaulted on the head from back side, whereas the doctor has found injury on front side. Further he has submitted that in the Fardbeyan she has stated that a single blow was given on the head of the deceased by the accused and during cross-examination, she has stated that accused has assaulted twice on the head by a wooden log. Therefore, the manner of occurrence is not believable and trustworthy. The other witness PW-2 is the son of the deceased and he is also an interested witness and although this witness has seen the occurrence but in fact, he is not eyewitness of the occurrence, because, the informant has clearly stated in her Fardbeyan that at the time of occurrence co-villagers and the accused were present, but she has not stated regarding presence of her son. This fact also falsify the manner of occurrence and on this ground accused is liable to be acquitted.

This contention of the defence should be scrutinized in the light of the evidence. PW-1 Pramila Devi is the wife of the deceased and she is injured eye-witness and her testimony has been corroborated by the eye-witness PW-2, PW-3, PW-4 and PW-6. PW-6 is the co-villager and has also fully supported the evidence of PW-1-Pramila Devi. The doctor who is PW-9 has found injury contusion over right eye and upper lid, abrasion over outer left eye and lacerated wound deep over occipital scalp and all these injuries also corroborates the statement of PW-1 who is injured witness. So, the contention of the defence that the deceased sustained injury on fall of rocky surface while he was fishing in Palna Dam is not and sustainable in the eye of law as the defence has suggested in Para 23 of PW-1 that deceased sustained injury on left ear side, whereas DW-1 has deposed that deceased had sustained injury on head and therefore, this contention of the defence is out-rightly rejected.

23. The next contention of the defence is that there is no motive of the accused to commit murder of the deceased.

This content