The conviction cannot be sustained due to significant contradictions in eyewitness testimony, undermining the prosecution's burden of proving guilt beyond reasonable doubt.

JUDGMENT :

(R. Mukhopadhyay, J.)

Heard Ms. Amrita Sinha, learned Amicus Curiae appearing for the appellants and Mrs. Nehala Sharmin, learned Special P. P. for the respondent.

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 dated 04.10.1997 passed by Shri Anant Vijay Singh, learned 3rd Additional Judicial Commissioner, Ranchi in S. T. No. 73 of 1994 whereby and whereunder the appellant in Cr. Appeal (DB) No. 232 of 1997 ® has been convicted for the offences punishable under Sections 109 /302, 307/34 and 452/34 I.P.C. and has been sentenced to undergo imprisonment for life for the offence under Section 109 /302 I.P.C.; 7 years imprisonment for the offence under Section 307 /34 I.P.C. and 3 years imprisonment for the offence under Section 452 /34 I.P.C., while the appellants in Cr. Appeal (DB) No. 258 of 1997 ® have been convicted for the offences punishable under Sections 307 /34, 302/34 and 452/34 I.P.C. and have been sentenced to undergo imprisonment for life for the offence under Section 302 /34 I.P.C.; 7 years imprisonment for the offence under Section 307 /34 and 3 years imprisonment for the offence under Section 452 /34 I.P.C. Both the sentences were directed to run concurrently.

4. The prosecution case arises out of the fard beyan of Dilip Oraon recorded on 15.08.1993 in which it has been stated that on 14.08.1993 at around 11:00 P.M., the informant had gone to defecate in the bathroom situated in the corner of the house when his neighbours all of a sudden by removing the curtain started making assault upon him with a knife. The informant confronted the assault and after pushing Ajay Lakra rushed inside his house. It has been alleged that Ajay Lakra, Sanjay Lakra and the wife of Sanjay Lakra namely, Kiran Lakra entered inside the house and started searching for the informant who hid himself beneath a cot and after being unsuccessful in tracing out the informant, the accused persons had committed assault upon Munni Oraon, the sister-in-law of the informant. The mother of the sister-in-law of the informant – Meera Oraon came and tried to save her daughter and at the instigation of Kiran Lakra, the accused persons stabbed Meera Oraon who fell down on the ground in an injured state. The accused persons also knifed Munni Oraon who also fell down on the ground. The informant had witnessed the occurrence from beneath the cot while the niece of the informant and the sister-in-law of the informant had also seen the incident. After the accused persons fled away, the informant came out of his hiding place and found Meera Oraon dead, while Munni Oraon was lying in an injured condition. The informant thereafter intimated his brother - Charu Oraon who was a Chowkidar and the sister-in-law of the informant was taken to the hospital. The reason for the occurrence is an old enmity regarding the flow of drain water.

Based on the aforesaid allegations, Lalpur P. S. Case No. 115 of 1993 was instituted under Sections 452 , 342, 323, 324, 326, 307, 302/34 of I.P.C. 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. 73 of 1994. Charges were framed against the accused persons under Sections 109 /302, 452/34, 307