Conviction requires clear evidence and motive; absence of corroboration and motive led to overturning the conviction.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mrs. Sunita Kumari, learned counsel for the appellant and Mrs. Nehala Sharmin, learned Special P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 15.04.1998 (sentence passed on 16.04.1998) passed by Sri Vasudeo Ram, learned 1^st Additional Judicial Commissioner, Ranchi in S.T. No. 172/95 whereby and whereunder, the appellant has been convicted for the offence under Section 302/201 IPC and has been sentenced to rigorous imprisonment for life for the offence under Section 302 IPC and simple imprisonment for 6 months for the offence under Section 201 IPC. Both the sentences are to run concurrently.

3. The prosecution case is based upon the fardbeyan of Falendra Pahan recorded on 17-10-1994, wherein it has been stated that on 16-10-1994, his brother Rajendra Pahan along with his wife and children had gone to Ghutru Mela, where he met Jagdish Munda and Karu Pahan and all had hadiya in the house of Rajendra Pahan. It has been alleged that thereafter, Jagdish Munda and Karu Pahan had taken away Rajendra Pahan with them and when till 10:00P.M. Rajendra Pahan did not return, the mother of the informant went in search of him, but he could not be found. In the morning, the informant along with the Sarpanch and village guru went to the house of Jagdish Munda to enquire regarding the whereabouts of Rajendra Pahan, but Jagdish Munda did not disclose anything. The informant found blood stains and signs of dragging from the house of Jagdish Munda up to the well of Shankar Pahan and finally the dead body of Rajendra Pahan was found in the well. The cause of the incident is that Rajendra Pahan had lost the key of the house of Jagdish Pahan entrusted to him and which occasioned breaking of the lock causing a loss of Rs. 35/- to Jagdish Pahan.

Based on the aforesaid allegations, Burmu P.S. Case No. 56/94 was instituted under Section 302/201/34 IPC against unknown persons. 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. 172/95. Charge was framed against the accused under Section 302/201 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 eight witnesses in support of its case:

P.W.1 Ganesh Mahto has identified his signature on the inquest report which has been marked as Exhibit-1.

P.W.2 Suresh Singh has identified his signature on the inquest report which has been marked as Exhibit-1/1.

P.W.3 Paklu Devi is the wife of the deceased who has stated that she had gone to Ghutru Mela along with her husband and others and while they were returning home at 3:00-4:00P.M., they met Kariba Munda and Jagdish Pahan, who came along with them to her house and consumed hadiya. Karu and Jagdish had demanded the keys from her husband and forcibly had taken him away. She has stated that outside her house, Motua, Lengwa and Mahto were standing, who were also involved in taking away her husband. When her husband did not return in the night, she, her brother-in-law Falendra, sister-in-law Dashmi Devi and mother-in-law Birajo Devi started searching for him. In the next morning, they went to the house of Jagdish, where a trail of blood was detected leading up to the well of Shankar Pahan where with the help of an anchor, the body of her husband was taken out. A stone was found tied to the body. He has stated that Jagdish had fled away on seeing them.

In cross-examination, she has deposed that Jagdish and Kariba had also gone to the fair and they had returned with her and her family. The house of Kariba is at a distance of 200 yards from her house. She does not know as to why Kariba was demanding the keys from her husband. All the five persons had forcibly taken away her husband. She did not follow them. The well from where the dead body of her husband was recovered was