Conviction can be based on a sole eyewitness if credible, but significant inconsistencies and lack of corroborative evidence can lead to acquittal.

JUDGMENT :

Sujit Narayan Prasad, J.

1. Since both these appeals arise out of the common judgment of conviction and order of sentence, as such with the consent of learned counsel for the parties, they are taken up together and are being disposed of by this common order.

Factual Matrix

2. These appeals have been filed under Section 374 (2) of the Code of Criminal Procedure against the Judgment of conviction dated 07.12.2004 and Order of sentence dated 08.12.2004, passed by learned Sessions Judge, Palamau, in Sessions Trial No.61 of 2003 arising out of Sadar (Town) P.S. Case No.317 of 2002 registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act whereby and whereunder the appellants have been convicted under section 302 of the Indian Penal Code and Section 27 of the Arms Act and have been directed to undergo Rigorous imprisonment for life for the offence under Section 302 of the Indian Penal Code, further, both the convicts have been directed to undergo Rigorous imprisonment for 3 years for the offence under Section 27 of the Arms Act.

3. 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 :-

4. According to the fardbeyan of the informant the case of the prosecution is that on the day of alleged occurrence, there was CHHATH Festival in the house of the Informant C.W.1 (Court Witness No.1) Niraj Kumar Jaisawal, who was living on rent in the house of Bhola Prasad, Advocate. Informant’s family members were engaged in distributing and feeding prasad in the very evening. At 10.00 p.m. on the same day i.e. on 9-11-02 there was a knock at the door.

5. Informant’s elder brother Onkar Prasad Jaisawal (now deceased) opened the door followed by Informant (C.W.1) and their father P.W.9 Sadan Pd. Jaisawal. Informant’s brother disclosed that accused/appellant Guput Singh had come just before 15 minutes and he had requested him to take prasad, when accused Guput Singh had come near Informant’s house to which he had taken time for 10 minutes to come back. Informant (C.W.1) saw in the Electric light that accused Guput Singh and his son Bablu were armed with pistols. Two others were also armed with fire arms like gun. As soon as Onkar Pd. Jaiswal, informant’s brother went to the accused persons, accused Guput Singh and Bablu shot several rounds of fire on him as a result of which he fell down. It was further alleged that accused/ appellant Bablu shouted that let informant and his father shall be also shot, but accused Guput Singh said that they would be seen later on and all of them fled away by Tata Safari Car of accused Guput singh, parked on the road. Thereafter, injured Onkar Pd. Jaisawal (brother of the informant) was brought to Sadar Hospital Daltonganj by a scooter, where he was declared dead.

6. On the basis of the statement of the informant CW.1 Niraj Kumar Jaisawal, FIR being Sadar (Town) P.S. Case No.317 of 2002 dated 10.11.2002 was registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act against the accused persons and after due investigation chargesheet was submitted against the appellants.

7. After cognizance of the offence, the case was committed to the Court of Sessions. Charge under Sections u/s 302 I.P.C. and 27 Arms Act for committing murder of one Onkar Prasad Jaisawal was framed against the appellants/accused to which the accused pleaded not guilty and claimed to be tried.

8. The prosecution has altogether examined 11 prosecution witnesses namely, P.W.1 Mahesh Kumar Agarwal, PW-2 Rohit Sharma, PW-3 Bablu Kumar Jaiswal, PW-4 Virendra Prasad, PW-5 Mohan Kumar Verma, PW-6 Rasid Tabrej, PW-7 Junaid Alam, PW-8 Anil Kumar Prasad, PW-9 Sadan Prasad Jaisawal father of the deceased, PW-10 Jawala Pd. Jaisawal and PW-11 Sanjay Pr