The prosecution must establish intent or knowledge relating to murder for conviction under attempted murder; inconsistencies in evidence can undermine a case.

JUDGMENT :

NAVNEET KUMAR, J.

This appeal is directed against the Judgment of conviction dated 11.7.2007 and order of Sentence dated 13.07.2007 passed by learned Additional Sessions Judge cum Fast Track Court No.I, Ghatsila in Sessions Trial No.356 of 2004, in connection with Dumeria P.S. Case No.28 of 2003, corresponding to G.R. Case No.538 of 2003, whereby and whereunder the sole appellant has been convicted under sections 324 and 307 of the INDIAN PENAL CODE and under section 27 of the ARMS ACT and also under sections 3/4 of the Prevention of Daain (Witchcraft) Practicing Act, 1999 and has been sentenced to undergo R.I. for seven years and a fine of Rs. 2000/- for the offences punishable under section 307 of the INDIAN PENAL CODE and in default to payment of the fine amount, simple imprisonment for six months was awarded. The appellant was further sentenced to undergo R.I. for two years for the offence under sections 324 of the INDIAN PENAL CODE and further R.I. for one year under section 27 of the ARMS ACT and further R.I. for two months each for the offences under sections 3/4 of the Prevention of Daain (Witchcraft) Practicing Act and the sentences were ordered to run concurrently.

2. The prosecution story is based on the fardbeyan of the informant Shalo Murmu (PW6), who is the victim of this case and her statement was recorded by the then ASI of police on 23.12.2003 at 4.30 hours at Dumeria Hospital within Dumeria police station in the district of East Singhbhum, in which it is stated by the victim that on the preceding night i.e. on 22.12.2003, while she (informant) along with her children was sleeping on the Verandah of her house, then at about 12.30 A.M. i.e. in the midnight, her nephew (the son of Bhaisur) carrying a pistol, came there and got her woke up and alleged that she killed his father by practicing witchcraft and thereafter opened fire by his pistol causing severe injuries in her left hand and fled away. It was further stated that on hearing sound of firing, nearby villagers assembled there and took her to Dumeria Hospital, where she was treated. The occurrence was said to have been witnessed by her two daughters namely Debla Murmu (PW8) and Bouskey Murmu (PW7).

3. On the basis of the fardbeyan, FIR was registered vide Dumeria P.S. Case No. 28 of 2003 under Sections 4 52 ,324,307 of IPC & 27 of ARMS ACT and under Sections 3 /4 of the Prevention of Daain (Witchcraft) Practicing Act, against the accused/appellant and the police investigated the case and the charge-sheet was submitted almost under the same count except adding of offence punishable under Sections 26 and 27 of the ARMS ACT and thereafter cognizance was taken and the case was committed to the Court of Sessions for trial. Learned P.O. Fast Track, at Ghatshila has framed charge on 18.03.2005 under Sections 4 52 , 324, 307 of IPC & under section 25(1-B)a, 26 & 27 of ARMS ACT and under sctions 3/4 of the Prevention of Daain (Witchcraft) Practicing Act where the accused pleaded not guilty and claimed to be tried and the learned trial court after conducting the full-fledged trial, passed the impugned judgment of conviction and order of sentence, which is under challenge in this appeal.

4. Heard learned defence counsel Mr. Soumitra Baroi appearing on behalf of the appellant and learned APP Mr. Viswanath Roy appearing on behalf of the State.

Arguments advanced on behalf of the appellants:

5. At the outset, learned counsel appear