Eyewitness testimony in rural settings is reliable, and the absence of motive does not undermine the conviction for murder under Section 302/34 IPC.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. Pankaj Verma, learned counsel for the appellant and Mrs. Vandana Bharti, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 22-06-1996 (sentence passed on 26-06-1996) passed by Smt. Shakuntala Sinha, learned Additional Judicial Commissioner, Khunti, in S.T. No. 31/94 whereby and whereunder, the appellant has been convicted for the offence punishable under Section 302/34 IPC and has been sentenced to undergo rigorous imprisonment for life.

3. The prosecution case arises out of the written report of Gopal Pahan, in which it has been stated that on 05-07-1993, at 10:00 PM, he was having food in his house, at which point of time, Philip Munda, Danial Munda, Muskalan Munda and Joseph Munda (appellant) came to his house and when the informant came out from his house, he was assaulted by the accused persons with danda and when the father of the informant came out to save him, he was also assaulted with tangi, knife and danda as a result of which, he died. When on hearing the commotion, one villager Mao Pahan had come, he was also subjected to assault. Based on the aforesaid allegations, Rania P.S. Case No. 24 of 1993 was instituted under Section 302/34 IPC. On completion of investigation, charge sheet was submitted against Joseph Munda, keeping the investigation pending against the rest accused persons and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as S.T. No. 31/94. Charge was framed against the accused under Section 302/34 IPC, which was read over and explained to him in Hindi 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 Gopal Munda alias Gopal Pahan is the informant, who has stated that it was a Monday at 10:00 PM and he was in his house along with his parents when Philip, Danial, Muskalan and Joseph came to his house and called him, at which he went outside and immediately he was assaulted on his cheek with a lathi. His father Jhirga Pahan came out to save him but he was indiscriminately assaulted by the accused persons with lathi, knife and tangi and as a result of such assault, his father fell down on the ground and died. When on hearing a commotion, Mao Pahan had come, he was also assaulted after which the accused persons fled away. He had identified the accused and had witnessed the incident since it was a moonlit night. On the next day, he had gone to the Police Station and had given a written report about the incident.In cross-examination, he has deposed that Mao Pahan had come to the place of occurrence on hearing the commotion. When the assault had taken place, his father was at a distance of 20-22 feet from the house.

P.W.2 Mao Munda has stated that it was 10:00PM and he was in his house when on hearing the cry of alarm from Gopal Pahan, he had gone to his house where he saw Philip, Joseph, Danial and Muskalan assaulting Jhirga. Danial with a tangi, Muskalan with a knife and the others with lathis were committing assault upon Jhirga. When he tried to prevent the assault upon Jhirga, he was given a lathi blow on his head on the backside. When Chamo, Matius and Sukhu came, the accused persons had fled away.In cross-examination, he has deposed that when he came out from his house, he saw Jhirga lying on the ground. When he had gone to the place of occurrence, Joseph was not assaulting Jhirga and he was merely standing there. There was no previous enmity between Jhirga and the accused persons.

P.W.3 Masi Prakash Munda has proved the inquest report which has been marked as Exhibit-1.

P.W.4 Chamo Dahanga has stated that he was in his house when he heard a cry of alarm at which he went to the house of Gopal where he saw the accused persons assaulting Gopal and Jhirga. Danial assaulted Jhirga on his head with a tangi, while Muskalan stabbed him on his stomach with a knife. Philip an