Conviction can be upheld based on the reliable testimony of a sole eyewitness, irrespective of the presence of corroborating evidence or independent witnesses, as long as the evidence is credible.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeals are directed Judgment of conviction dated 03.04.2006 and order of sentence dated 04.04.2006, passed by learned Additional Sessions Judge, Fast Track Court-I, Chaibasa, in Sessions Trial No.227 of 2004 arising out of Bandgaon P.S. Case No.14 of 2004 (G.R. Case No.131 of 2004) registered under Section 3 02 of the INDIAN PENAL CODE and under Sections 3 /4/5/6 of the Prevention of Witch (DAAIN) Practices Act for committing murder of Soma @ Nathu Ram Munda and his wife Bangi Mundarin by which the appellant has been convicted under Section 3 02 of the INDIAN PENAL CODE (IPC) and have been directed to undergo imprisonment for life for the offence under Section 3 02 IPC.

Factual Matrix

2. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case. The prosecution story in brief as per the allegation made in the First Information Report reads hereunder as :-

3. According to the fardbeyan of the informant Jawani Mundarin daughter of Soma Nathu Ram Munda on the preceding night (14.6.04) after taking food she went to sleep in the room along with her mother while her father slept in another room. In the mid night about 1“o” clock one person forced upon the door of the room and entered. She enquired and came out of the room. It was raining outside. He asked her to put on light. In the light she identified him as Gopal Bagti who lived in Bandgaon. He was carrying Chapad (sharp edge weapon) in his hand.

4. Gopal Bagti told her to put off the light, when she enquired, he disclosed that her parent, were Witch and they were responsible for the death of his children and as such he is going to kill them. He also threatened her that if she raised hulla she will also be murdered. She did not put off the light Gopal Bagti started inflicting repeated blows on the head of his father. The informant tried to run away but accused did not allow her to escape. Her father started writhing in pain. When her mother got up Gopal Bagti assaulting her with the chapad.

5. The informant somehow managed to flee away and started raising hulla. It was raining outside and no body gathered on her cries. After sometime Gopal Bagti fled away from the place of occurrence. The informant returned back to her house and saw her parents (mother & father) dead in a pool of blood.

6. She has also stated that her brother lives in Lupungdih village with his family. It was not possible to give the information in the night. She informed the matter in the morning and subsequently the police and the village Munda reached her house.

7. On the basis of the statement of the informant, FIR being Bandgaon Police Station Case No. 14/04 dated 15.06.2004 was registered against the accused under Section 3 02 of the INDIAN PENAL CODE and under Sections 3 /4/5/6 of the Prevention of Witch (DAAIN) Practices Act and after due investigation