The prosecution failed to establish the appellant's guilt in the murder case due to inconsistent eyewitness testimonies and lack of corroborative evidence.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Ms. Sharon Kerketta, learned amicus curiae for the appellant and Mrs. Priya Shrestha, learned Spl. P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 22-07-1998 passed by Shri R. P. Verma, learned Sessions Judge, Godda, in S.T. No.108/97 whereby and whereunder, the appellant has been convicted for the offence punishable under Section 302/34 IPC and has been sentenced to undergo rigorous imprisonment for life.

3. The prosecution case arises out of the fardbeyan of Babu Hansda, recorded on 30-01-1997, in which it has been stated that the informant along with his mother were going to Kero Bazar on 29-01-1997 at 3:00P.M. with the informant just ahead of his mother, who was following him. It has been alleged that as the informant and his mother crossed the door of Anant Lal Hansda (appellant), he gave a blow with a Kulhari upon the mother of the informant who fell down and, in the meantime, Tala Babu Hansda assaulted her with a Kulhari while Ram Charan Hansda gave a lathi blow upon the mother of the informant. When the informant was making efforts to save his mother, Anant Lal Hansda exhorted his companions, at which all three rushed towards the informant, who due to fear fled away. The mother of the informant died on account of such assault.

Based on the aforesaid allegations, Sunderpahari P.S. Case No. 2/97 was instituted under Section 302/34 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.108/97. Charge was framed against the accused under Section 302/34 IPC which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.

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

P.W.1 Babu Hansda is the informant who has stated that about 10 months back on a Wednesday at 3:00PM, he and his mother Barki Murmu were going to the market and as soon as they reached the door of Anant Lal Hansda, his mother shouted and as he turned around, he saw Anant Lal Hansda with the blunt portion of a Kulhari assaulting his mother on the neck who fell down as a resultant effect. Thereafter, Tala Babu Hansda had assaulted his mother on the left side of her neck with a Kulhari and Ram Charan Hansda had assaulted her with a lathi. His mother died due to the assault. When he was threatened by the accused persons, he fled away to the house of Tala Tudu. The reason for the occurrence is that in the murder case of the daughter of Bhaiya Hansda, his daughter had given her evidence and this caused consternation to the accused persons.

In cross-examination, he has deposed that at the time of the incident, when an alarm was raised, none of the villagers had come to the place of occurrence. He had stated before the Police that Tala Babu Hansda had snatched the Kulhari from Anant Lal Hansda after which he had assaulted his mother on the neck.

P.W.2 Jailal Marandi has stated that he was going to Kero Hatia with his maternal grandmother(deceased) and uncle(informant) and his grandmother was making up the rare when all of a sudden Anant Lal Hansda had assaulted his grandmother with a tangi on head and neck and Tala Babu, by snatching the tangi from the hands of Anant Lal Hansda, had also given a tangi blow on his grandmother and she died. He thereafter, called the Chowkidar and on the next day, he and his maternal uncle had gone to the Police Station where the fardbeyan of his maternal uncle was recorded. He has proved his signature on the fardbeyan which has been marked as Exhibit-1.

In cross-examination, he has deposed that no person had assembled at the time of raising of a cry of alarm. Tala Babu had assaulted his grandmother with the sharp portion of the tangi which caused her death.

P.W.3 Debi Mai Murmu is the daughter-in-law of the deceased who has stated about the assault committed b