The conviction for murder based solely on a solitary eyewitness's testimony was overturned due to contradictions and lack of corroboration from other witnesses.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. Hemant Kr. Shikarwar, learned counsel for the appellant and Mr. Vineet Kr. Vashishtha, learned Spl. P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 16-04-1999 (sentence passed on 17- 04-1999) passed by Sri Prashant Kumar, learned Additional Sessions Judge, Bermo at Tenughat in S.T. No. 188 of 1996/53 of 1996 whereby and whereunder, the appellant has been convicted for the offence under Section 302 IPC and has been sentenced to imprisonment for life.

3. The prosecution case arises out of the fardbeyan of Sohan Mandal recorded on 08-08-1995 in which it has been stated that in the night of 07-08-1995, when the informant was returning home after easing himself, he saw in the alley Mathur Mandal(appellant) assaulting Shakti Mandal with fists and pressing his neck. By the time the informant could reach the said place, Shakti Mandal fell down and became unconscious. When on alarm, Gobind Mandal reached at the place of occurrence, Mathur Mandal had fled away. Several villagers had assembled by then, who put Shakti Mandal in a cot and carried him to his house. After sometime, Shakti Mandal expired. The reason for the occurrence is that on 07-08-1995 at 10:00A.M., there was an altercation between the wife of Mathur Mandal and Shakti Pad Mandal on the issue of a child defecating in the kitchen garden and which flared up when Mathur Mandal was informed about the incident by his wife on his returning home and which caused the assault.

Based on the aforesaid allegations, Nawadih P.S. Case No.67/95 was instituted against Mathur Mandal under Section 302 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. 188 of 1996/53 of 1996. Charge was framed against the accused under Section 302 IPC which was read over and explained to him to which he pleaded not guilty and claimed to be tried.

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

P.W.1 Prakash Mandal has stated that on 07-08-1995 at 8:30P.M., he was sitting on the door of Shakti Pad Mandal, when Shakti Pad Mandal came on a bicycle and after parking the bicycle, was trying to open the door when Mathur Mandal came and caught the neck of Shakti Pad Mandal from behind and felled him on the ground. Mathur Mandal started assaulting Shakti Pad Mandal with fists with one hand, while with the other hand he had pressed the neck of Shakti Pad Mandal. He has stated that Shakti Pad Mandal became limp after which Mathur Mandal left him. He thereafter raised an alarm at which Gobind Mahto came rushing, by which time Mathur Mandal went inside his house and locked it. Gobind Mahto, Sohan Mandal and the villagers had assembled, who picked up the dead body of Shakti Pad Mandal and took it to his house. The niece of Shakti Pad Mandal had defecated in the kitchen garden of Mathur Mandal due to which Shakti Pad Mandal and the wife of Mathur Mandal had abused each other. When Mathur Mandal returned home, the incident was disclosed to him by his wife and thereafter, Mathur Mandal had started searching for Shakti Pad Mandal.

In cross-examination, he has deposed that Shakti Pad Mandal is his cousin brother. The Police had not recorded his statement on the date of the incident. He was sitting at the place of occurrence for half an hour and was waiting for Shakti Pad Mandal. On his raising an alarm, 8-10 persons had assembled at the place of occurrence.

P.W.2 Lata Devi is the mother of the deceased, who has stated that the niece of Shakti Pad Mandal had defecated in the kitchen garden of Mathur Mandal due to which the wife of Mathur Mandal had abused her and her daughter-in-law. Shakti Pad Mandal had offered to clean the place. When Mathur Mandal returned home, his wife disclosed to him that Shakti Pad Mandal had abused her. She has stated that Shakti Pad Mandal, after having