The court ruled that reliance on a solitary eyewitness was misplaced due to inconsistencies, leading to the conclusion that the conviction was not supported by reliable evidence.

JUDGMENT :

RONGON MUKHOPADHYAY, J.

1. Heard Mr. A.K. Kashyap, learned senior counsel for the appellants and Mr. Vishwanath Roy, learned Special P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 31.07.1993 passed by Smt. Shakuntala Sinha, learned 7th Additional Judicial Commissioner, Ranchi in Sessions Trial No. 231 of 1988, whereby and whereunder, the appellants have been convicted for the offence punishable u/s 302/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life.

3. The prosecution case arises out of the fardbeyan of Balkahi Ganjhuain (PW-4), wherein it has been stated that on 16.04.1988 at about 8 p.m. her husband Manbodh Ganjhu had gone out to urinate and as soon as he sat down, Bidhku Mahto, Dinesh Mahto, Balku Mahto and Bhunuwa Mahto and another person in a concerted fashion had committed assault upon her husband with Bhujali, Tangi and Bhala which resulted in her husband falling down. When she tried to save her husband Bidhku Mahto had assaulted her with a Tangi and forcibly removed her. Manbodh Ganjhu in an injured state tried to flee, but fell down in the field of Karma Mahto. It has been stated that the accused persons had fled away and when the informant went to her husband, she found him dead. When she raised a cry of alarm, several persons assembled after which information was given to the Police Station and her fardbeyan was recorded.

Based on the aforesaid allegations, Burhmu P.S. Case No. 15/1988 was instituted for the offence punishable u/s 302 of the I.P.C. On conclusion of investigation charge-sheet was submitted against the accused persons. After cognizance was taken, the case was committed to the Court of Sessions, where it was registered as Sessions Trial No. 233 of 1988. Charge was framed for the offences punishable u/s 302 of the I.P.C. against all the accused persons which was read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as eleven (11) witnesses in support of its case.

PW-1 Dr. Ajeet Kumar Choudary was posted as a Medical Officer in the Department of Forensic Medicine, RMCH, Ranchi and on 17.04.1988 he had conducted autopsy on the dead body of Manbodh Ganjhu and had found the following injuries:

“(I) Incised wound:

(a) 7 x 1½ cm x soft tissue deep situated on the transversely region placed brains vessels with 3½ cm long tailing on the right end of the wound.

(b) 1 x 1/4 cm x soft tissue deep on the left mastoid region.

(c) 6 x 1/4 x 1/4 cm deep below the proceeding injury.

(d) 2 x 1/2 x 1½ cm on the outer side of right arm lower part.

(e) 2 x 1/2 x 1/2 cm on the upper part of back forearm.

(f) 3 x 1 cm x bone deep on the back of right forearm middle part with fracture of right ulna bone.

(g) 3 x 3/4 x 1/2 cm on the front part of left palm near the root of thumb.

(II) Abrasion wound:

(a) 1 x 1/2 cm on the back of left side of chest.

(b) 2 x 1 cm on the left gluteal region.

(c) 3 x 1½ cm on the back of left knee.

(III) Lacerated wound:

(a) 4 x 1 cm x scalp deep on the right parietal region of head posterior part.

(IV) Internal injuries: There was diffused contusion of left occipital scalp and soft tissue of mastoid region. There were presence of subdural blood & blood clot over both hemispheres of brain. There was contusion soft tissue of back of right head. Rest of the organs were pale. Stomach, urinary bladder & heart were empty.”

The cause of death has been opined to be on account of head injury. He has proved the postmortem report which has been marked as Ext.-1.

PW-2 Jageshwar Mahto has stated that incident is of two years back at about 8 p.m. when he was in his house at which point of time he had heard the sound of alarm from Balkahi Ganjuain and he rushed to her house. Several villagers had also come. He found the dead body of Manbodh Ganjhu lying in the back side of the house. Balkahi Ganjhuain had disclosed that there were 5/6 persons wh