IMPORTANT POINT
Direct eyewitness testimony can substantiate a murder conviction even in the absence of the weapon and the investigating officer's testimony, provided the evidence is credible and corroborated.

JUDGMENT :

Subhash Chand, J.

Heard learned counsel for the appellant and learned P.P. for the State.

2. The instant criminal appeal is preferred on behalf of the appellant against the impugned Judgment of conviction dated 21st July, 2017 and Order of sentence dated 22nd July, 2017 passed by the Additional Sessions Judge-I, Pakur in Sessions Trial No.136 of 2012, whereby, the appellant has been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life for the offence under Section 302 of the I.P.C. along with fine of Rs.50,000/- and in case of non-payment of fine, he was further directed to undergo simple imprisonment for six months.

3. The brief facts leading to this criminal appeal are that informant Som Marandi had given the written information with the police station concerned with these allegations that his daughter Pramila Marandi was married five years ago with Naresh Tuddu. Out of the said wedlock, a baby girl of two and a half years was also born. On 22nd August, 2012, Pramila Marandi has come to his house and told that her daughter was ill, therefore, she wanted to visit exorcist. In the night, his daughter stayed at his house. On 23rd August, 2012 at 8 o’ clock, Pramila Marandi along with her daughter went to her in-law’s house. He had also gone to his agricultural field to sprinkle manure in the paddy crop. Therefore, he also went to bring manure from Paderkola. Amid the way, he found his daughter Merila Marandi who told that Pramila Marandi has been stabbed by her brother-in-law, Naresh Tuddu at the P.C.C. road, he also reached near the Godam Tola and found his daughter Pramila Marandi lying in pool of blood and dead. The persons of locality also attracted there. His daughter Merila Marandi also told him that as soon as Pramila Marandi left the parental house for her in-law’s house and from the in-law’s house, further, she had to go to exorcist (Ojha-Guni). She told to her younger sister to come with the baby girl at Paderkola Chowk, lest Naresh Tuddu may snatch the baby girl from her. Thereby his younger daughter took the baby girl with her to Paderkola Chowk. When Pramila Marandi did not reach there, the younger daughter Merila Marandi came back to see her sister at 9 o’ clock in the day time near the Godam Tola. At P.C.C. road, she saw Pramila Marandi was being assaulted with the dagger by Naresh Tuddu. Out of fear, Merila Marandi shouted for help. Persons of locality attracted there and Naresh Tuddu leaving the dagger fled away from the place of occurrence and Pramila Marandi was lying in the pool of blood in dead condition.

4. On this written information, the Case Crime No.55 of 2012 was registered with the police station Amrapara, District Pakur under Section 302 of the Indian Penal Code against Naresh Tuddu. The Investigating Officer after having concluded the investigation filed charge-sheet to the Court of Magistrate concerned who after taking cognizance thereon committed the case for trial to Sessions Judge, Pakur. Further, the Sessions Judge, Pakur transferred the same for trial to Additional Sessions Judge-I, Pakur.

5. The Trial Court framed the charge against the accused under Section 302 of Indian Penal Code. The charge was read over and explained to the accused in Hindi to which he pleaded not guilty and claimed to be tried.

6. On behalf of the prosecution to prove the charge against the accused in oral evidence examined P.W.1-Charles Murmu, P.W.2-Babudhan Soren, P.W.3-Surju Tuddu, P.W.4-Motilal Marandi, P.W.5-Nirmal Tuddu, P.W.6- Merila Marandi, P.W.7-Som Marandi, P.W.8-Dr. Lalit Kumar Bhagat.

7. On behalf of the prosecution in documentary evidence adduced Ext.1 signature of Charles Murmu on seizure list, Ext. 1/1 signature of P.W.-5 Nirmal Tuddu on seizure list, Ext.2 Signature of P.W.-7 Som Marandi on fardbeyan, Ext. 2/1 Signature of Charles Murmu on fardbeyan, Ext.3 Postmortem report.

8. The statement of the accused under Section 313 of the Cr.P.C.