IMPORTANT POINT
The judgment underscores the principle that a conviction must be based on reliable and corroborated evidence, and that doubts in the prosecution's case must benefit the accused.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. Arpan Mishra, learned amicus curiae for the appellant and Mr. Vishwanath Roy, learned Special P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 07.04.1995 (sentence passed on 10.04.1995) passed by Shri Balgovind Prasad, learned Additional Judicial Commissioner-III in S.T. No. 346 of 1991, whereby and whereunder, the appellants have been convicted for the offence punishable u/s 302/149 of the Indian Penal Code and have been sentenced to undergo imprisonment for life.

3. During the pendency of this appeal, appellant no. 3 Budhua Munda, appellant no. 5 Lotha Munda, appellant no. 6 Loknath Lohar, appellant no. 7 Sukhu Munda, appellant no. 8 Hauwa Munda and appellant no. 11 Binod Barla have died and accordingly this appeal has abated so far as those appellants are concerned. This appeal is therefore restricted to appellant no. 1 Mangra Munda, appellant No. 2 Tukkuna Munda, appellant no. 4 Jago Munda, appellant no. 9 Charkha Munda, appellant no. 10 Jogi Munda, appellant no. 12 Sainika Munda and appellant no. 13 Johan Munda and their names accordingly find place in the cause title of this judgment.

4. The prosecution case arises out of the fardbeyan of Debra Munda recorded on 09.07.1990 to the effect that on 08.07.1990 at about 07:00PM, his sister Somari Orain after having a dinner was taking rest and humming a song and on hearing this, the accused persons, who were thirteen in number came variously armed with lathi and danda and dragged his sister out by alleging that she practices witchcraft and started assaulting her and by giving threats placed his sister in front of the door. The informant out of fear did not come out and in the morning when he opened the door, he found his sister lying dead in front of the door.

Based on the aforesaid allegations, Lapung P.S. Case No. 38/90 was instituted against thirteen named accused persons for the offences punishable under Section 302/34/148 IPC. On completion 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 S.T. No. 346 of 1991. Charge was framed under Section 302/34 IPC and Section 302/148 IPC which was read over and explained to the accused in Hindi, to which they pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as eight (08) witnesses in support of its case.

P.W.1 Chandra Mohan Munda has stated that the incident is of two and half years back at 07:00 PM when he was in his house and the accused persons armed with lathi and danda had come and dragged his aunt Somari Mundain outside the house and assaulted her. Thereafter, the accused persons laid her in front of the door. His aunt died because of the assault. About one month prior to the incident, a meeting had taken place in the village in which Somari was branded a witch and she was fined Rs.3,000/- and the villagers had decided that if the fine amount is not deposited, she will be externed from the village.

In cross-examination he has deposed that when the accused persons had come to his house, he was in his room and an earthen lamp was burning. On hearing the commotion, he felt frightened but he had not closed the door of his room. He has deposed that two persons had entered the room of Somari and after she was dragged out, the other persons started assaulting her with lathi and danda. Somari was assaulted by the accused persons for one hour in the courtyard. He and the others had objected to the assault but had not raised any alarm. In the morning, he had seen the dead body of his aunt. The whole night he had a discussion with his parents. Due to the threat by the accused persons, all the inmates had closed the door of their respective rooms. He has deposed that there is a dispute between his father and the villagers over 12 acres of land and the villagers have not allowed his father to carry on farming in the said