The prosecution must prove guilt beyond a reasonable doubt; lack of evidence led to the appellant's acquittal.

JUDGMENT :

R. Mukhopadhyay, J.

1. Heard Mr. Suraj Kumar, learned counsel appearing for the appellant and Mr. Saket Kumar, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 12.08.1998 (sentence passed on 13.08.1998) passed by Shri R. K. Dubey, learned VIIIth Additional Judicial Commissioner, Ranchi in S.T. No. 741 of 1996, whereby and where under the appellant has been convicted for the offence under Section 302 I.P.C and has been sentenced to undergo rigorous imprisonment for life,

3. The prosecution case arises out of the Fardbayan of Ajay Kumar Mahto recorded on 15.08.1996, in which it has been stated that on 14.08.1996 in the night, the informant after having his meals, went to sleep. He did not hear any unusual sound in the night. At around 4-5 a.m., he heard a sound of wailing of his mother at which he went and found his mother crying in the courtyard and when the informant went inside the room, he saw his father lying dead on the cot in a pool of blood. The mother of the informant had disclosed to him that she had committed the murder by means of a Kudal. The reason for the occurrence is that the father of the informant used to drink liquor and commit assault upon his mother. The father of the informant used to work in CISF and was posted at Madras but on account of his drinking habits, he was dismissed from service about 10 years back. A rickshaw and a tempo were purchased by the father of the informant but both were sold off and the entire money was spent on liquor. It has been stated that the father of the informant had also sold off one acre of land to satisfy his urge of drinking. A few days back, the younger son, aged 5 years, was brutally assaulted by the father of the informant who was in an intoxicated state. The mother of the informant, due to such activities of his father, lost her mental balance and committed the murder.

4. Based on the aforesaid allegations, Kanke P.S. Case No. 60 of 1996 was instituted under Section 302 I.P.C. 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. 741/1996. Charge was framed under Section 302 IPC which was read over and explained to the accused in Hindi to which she pleaded not guilty and claimed to be tried.

5. The prosecution has examined as many as 11 witnesses in support of its case.

6. P.W. 1 Tarkeshwar Mahto and P.W. 2 Dashmi Devi have both been declared hostile by the prosecution.

7. P.W. 3 Salo Devi has stated that she had never heard of any quarrel between the accused and the deceased. She had seen the dead body of Sukhilal lying on a cot.

In cross-examination, she has deposed that she cannot say as to who had committed the murder of Sukhilal.

8. P.W. 4 Patho Devi and P.W. 5 Manilal Mahto have been declared hostile by the prosecution.

9. P.W. 6 Mutiya Devi has been tendered by the prosecution.

10. P.W. 7 Ajay Kumar Mahto and P.W. 8 Sitaram Mahto did not support the case of the prosecution and both were accordingly declared hostile by the prosecution.

11. P.W. 9 Manju Kumari has been tendered by the prosecution.

12. P.W. 10 Raj Kumar Paswan was posted as a Sub- Inspector of Police in Kanke P.S. and on 15.08.1996, he had entered a station diary entry on a rumour that a person has been murdered. He proceeded towards village Garu along with other Police personnel and recorded the Fardbayan of Ajay Kumar Mahto. He has proved the Fardbayan which has been marked as Exhibit-3. He has also proved the signature of the informant as well as his own signature upon the Fardbayan which have been marked as Exhibit-3/1 and 3/2 respectively. The formal FIR has been marked as Exhibit-4 and the signature of the Officer In- Charge upon the same as Exhibit-4/1. The inquest report prepared by him has been marked as Exhibit-1 and his signature on the same has been marked as Exhibit-1/3. The seizure list of seized blood-stained Ku