The necessity for corroborative evidence in criminal cases is paramount; uncorroborated witness testimonies are insufficient for conviction.

JUDGMENT :

Per Rongon Mukhopadhyay, J.

Heard Mr. L.C.N. Shahdeo, learned Amicus Curiae for the appellants and Mr. Shiv Shankar Kumar, learned A.P.P. for the State.

2. Since both these appeals arise out of a common judgment the same are being disposed of by this common order.

3. These appeals are directed against the judgment and order of conviction and sentence dated 14.07.1999 (sentence passed on 15.07.1999) passed by Shri Mungeshwar Sahoo, learned 1st Additional Sessions Judge, Godda in Sessions Case No. 100 of 1998/147 of 1998, whereby and whereunder, the appellants have been convicted for the offences punishable u/s 302/34 and 201/34 of the IPC and have been sentenced to R.I. for life for the conviction u/s 302/34 of the IPC and R.I. for two years for the conviction u/s 201/34 of the IPC.

4. The prosecution case arises out of the fardbeyan of Hemlal Baski recorded on 16.01.1998, in which, it has been stated that the father of the informant namely, Marang Baski had left for village Babupur and village Dhamni on 10.01.1998 for giving invitation for Bandhana festival. Till 15.01.1998 the father of the informant did not return and on 16.01.1998 the informant and his uncle Sanjhla Baski and the mother of the informant Barki Marandi went to village Dhamni in search of the father of the informant to the house of Etwari Marandi. Etwari Marandi had disclosed that the father of the informant had come to his house on 11.01.1998 from Babupur and had dinner at his place. The uncle of the informant had further disclosed that on 12.01.1998 at 12:00-1:00 P.M. Bablu Marandi, Maha Marandi and Bhagirath Soren had taken Marang Baski to village Hijri to have liquor. Etwari Marandi did not accompany them though they had insisted him to go to Hijri to consume liquor. On 14.01.1998 the uncle of the informant Etwari Marandi came to know that a dead body is lying in Dhankunda hills and when he went he found the dead body to be that of Marang Baski. There was a land dispute with respect to the 2½ bighas of land belonging to the maternal grandmother of the informant which Bablu Marandi wanted to use.

Based on the aforesaid allegations Boarijore (Lalmatia) P.S. Case No. 6/1998 was instituted u/s 302/201/34 of the 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 Sessions Case No. 100 of 1998. Charge was framed u/s 302/34 and 201/34 of the IPC against the accused persons which were read over and explained to them to which they pleaded not guilty and claimed to be tried.

5. The prosecution has examined as many as seven witnesses in support of its case.

6. P.W.1 (Jisu Murmu) has stated that Bablu and Baburam had taken him to Marang Baski for drinking liquor at Hijri village. They had consumed liquor and had chicken. Along with them were Baburam, Jolkha Besra, Patwari, Bablu and Charan Hembram. He has stated that when all of them were returning back Marang Baski was caught in the middle of Hijri village and after being murdered was thrown in the Dhankunda hills. When he had fled away Marang Baski was with the other persons.

In cross-examination, he has deposed that Police recorded his statement after 5-6 days from the date of occurrence. He did not converse with Charan. Marang Baski had consumed too much of liquor and everyone were in an intoxicated state. Charan had a chemni in his hand. When Charan had told him to leave he out of fear fled away and went to his in-laws place where he disclosed about the incident to Etwari. He had not disclosed about the incident to anyone except Etwari. On the next morning he came to know that Marang Baski has been murdered.

7. P.W.2 (Etwari Marandi) has stated that on the date of occurrence he was in his house when Jisu Murmu, Marang Baski and Bablu Marandi had come to his house to have liquor and after consuming liquor they had gone to Hijri village. On the next day Jisu Murmu had disclosed that Marang Baski has