The court emphasized that contradictions in eyewitness testimonies undermine the prosecution's case, necessitating the reversal of convictions due to insufficient evidence.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. Chatur Prasad Singh, learned amicus curiae and Mrs.Vandana Bharti, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 09.09.1997 (sentence passed on 12.09.1997) passed by Sri Rajesh Kumar Dubey, learned 8^th Additional Judicial Commissioner, Ranchi in S.T. No. 265/81 whereby and whereunder, the appellants have been convicted for the offences punishable under Sections 147, 148, 302/149 IPC and have been sentenced to imprisonment for life for the offence under Section 302/149 IPC, one year rigorous imprisonment for the offence under Section 147 IPC and two years rigorous imprisonment for the offence under Section 148 IPC.

3. The prosecution case arises out of the fardbeyan of Sujan Mandal recorded on 26.04.1974 in which it has been stated that about 18-19 days back, the brother of the informant Jagat Mandal and Nathu Hazam had an altercation over playing. The brother of the informant was assaulted by Bhondla Hazam with a stone and he was also slapped. The father of the informant being enraged, had slapped the son of Bhondla Hazam. It has been stated that today, i.e., 26.04.1974, the father of the informant had gone to defecate and he had also followed his father for the same purpose. When the father of the informant reached the designated spot, fourteen named accused persons surrounded him. Buchuwa Hazam had a spear, Kisto Hazam had a balua, while the rest were armed with lathis. Bhondla Hazam instigated the others to commit assault upon the father of the informant after which all the accused persons made a concerted assault upon him with various weapons they had in their possession. When the father of the informant died, the accused persons had left him and had gone towards their village. Apart from the informant, the other persons who had witnessed the assault were Megnath Koeri, Latika Devi and Sikanto Mandal. After the accused persons left, the informant, his sister and the others had taken his father to Silli Hospital, where he breathed his last after 15-20 minutes.

Based on the aforesaid allegations, Silli P.S. Case No. 13(4)/74 was instituted. After cognizance was taken, the case was committed to the Court of Sessions, where it was registered as S.T. No. 265/81. Charge was framed against the accused under Section 147, 148, 302/149 IPC which was read over and explained to them to which they pleaded not guilty and claimed to be tried.

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

P.W.1 Megnath Koeri has stated that at about 6:00-7:00AM, he was ploughing his field when he saw Mansukh Mandal being assaulted by eight persons and there were no one else present. The persons who were assaulting were Jeevan Hazam, Chamu Hazam, Sita Ram Hazam, Bhondla Hazam, Buchuwa Hazam, Matlu Hazam, Chano Hazam and Lakhan Hazam. Mansukh Mandal died on account of the assault committed upon him. The accused Buchuwa Hazam had a spear, while the others were armed with lathis.

In cross-examination, he has deposed that adjacent to him Charan Mahto was also ploughing his field. At the time of the assault, he did not intervene out of fear. After the assault, the accused persons had fled away with their weapons. He had not informed Sujan. Sujan had come with his sister and by the time they had come, Charan had already left.

P.W.2 Atul Chand Mandal has stated that at about 6:00-7:00AM, he had gone to answer the call of nature when he saw Chamu Hazam, Sita Ram Hazam, Buchuwa Hazam, Matlu Hazam, Bhondla Hazam, Chano Hazam, Lakhan Hazam committing assault upon Mansukh. Buchuwa had a spear, while the rest had lathis. Mansukh was pleading for water.

In cross-examination, he has deposed that there were 10-15 persons present at the place when he had gone to defecate. His statement was recorded by the Police. The assault was witnessed by Ram, Megnath, Sujan and Latika. These persons were at a distance of 300-400 yards from the place of o