Conviction for murder upheld based on consistent eyewitness accounts despite concerns about the independence of witnesses, highlighting the relevance of cohesive testimonies over minor contradictions in the prosecution's case.

JUDGMENT :

(Rongon Mukhopadhyay, J.)

Heard Mr. Rakesh Kumar Sinha, learned counsel for the appellants and Mr. Abhay Kumar Tiwari, learned A.P.P. for the State.

2. Since both these appeals arise out of a common judgment they are being disposed of by this common order.

3. These appeals are directed against the judgment and order of conviction and sentence dated 17.06.1997 (sentence passed on 20.06.1997) passed by Shri Sudarshan Upadhyay, learned 1st Additional Sessions Judge, Chatra in Sessions Trial No. 15/1996, whereby and whereunder, the appellants have been convicted for the offence punishable u/s 302/34 of the IPC and have been sentenced to R.I. for life.

4. The prosecution case arises out of the fardbeyan of Pano Devi recorded on 17.02.1995 in front of the house of the informant, in which, it has been stated that around 10:00 A.M. she was cooking food in her house when Kauleshwar Paswan with a knife came and wanted to know about the whereabouts of the mother-in-law of the informant. In the meantime, Kurhan Paswan and Karu Paswan had also come. When the informant came out of her house she found her husband making a ploughing instrument near the house of her mother-in-law. The accused persons by hurling abuses at him had also enquired about the mother-in-law of the informant. It has been alleged that the accused persons in order to commit assault upon the husband of the informant chased him but he managed to flee away. The accused persons thereafter entered into the house of the mother-in-law of the informant namely, Asha @ Barhni and dragged her to the alley of Ramsagar Dusadh. The informant and the others pleaded with the accused persons to let off Barhni but they abused and directed them to leave the place. It has been alleged that the informant out of fear fled to an alley. It has also been alleged that Kauleshwar Dusadh assaulted the mother-in-law of the informant on her face with a knife while Kurhan Paswan assaulted near her ear with a Kudal and Karu Paswan made assault upon her with a shoe. The informant had seen the entire occurrence by hiding in an alley. When the informant came back to the place of occurrence she found her mother-in-law dead. The reason for the incident is that about three days back the brother of Kurhan Paswan who was suffering from paralysis had died and the mother-in-law of the informant was alleged to have caused such death by practicing witchcraft.

Based on the aforesaid allegations Simaria P.S. Case No. 11/1995 was instituted u/s 302/34 of the IPC. 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 Sessions Trial No. 15/1996. Charge was framed against the accused for the offence u/s 302/34 of the IPC which was read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried.

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

6. P.W.1 (Barhan Sao) and P.W.2 (Mahendra Thakur) have been tendered by the prosecution.

7. P.W.3 (Md. Jahur) did not support the case of the prosecution and was declared hostile by the prosecution.

8. P.W.4 (Manjoor Khalifa) has been tendered by the prosecution.

9. P.W.5 (Nageshwar Paswan) is the son of the deceased who has stated that on 19.02.1995 at 10:00 A.M. he was preparing a ploughing instrument when Kuleshwar Paswan, Kurhan Paswan and Karu Paswan came to him and said that his mother is a witch. Kuleshwar had a knife while Kurhan had a Kudal with him. They were conversing that Naresh Paswan has died because of his mother and they will not leav