The prosecution must establish the credibility of evidence and corroborate testimonies with medical evidence; failure to do so results in reasonable doubt and reversal of conviction.

JUDGMENT :

Arun Kumar Rai, J

1. The present appeal has been filed against the Judgment of conviction and order of sentence both dated 19.01.1998 passed by the learned 3^rd Additional Judicial Commissioner, Ranchi in Sessions Trial No. 422 of 1996 whereby both the appellants have been convicted under Section 302 /34 of the INDIAN PENAL CODE and have been sentenced to undergo R.I. for life.

2. The case of prosecution is based upon the fardbeyan of one Nur Islam Momin S/o late Habib Momin resident of Goradih Tola Bahmani P.S. Silli District Ranchi. This fardbeyan has been recorded on 28.10.1995 at 12:30 P.M at the house of the informant who stated therein that yesterday i.e. on 27.10.1995 at about 2:00 P.M. he went to Goradih market and when he was returning then he got information that his mother was given beatings, then by running he reached the home and saw his mother Mehjin Bibi was lying on the ground in unconscious condition in the bari (garden) of karim Momin. Informant further stated that his nani Gudni Bibi had also told him that when his mother was coming from river, after taking bath then villager Hamid Momin and his wife Sahnaj Bibi laid her on the ground and with intent to kill her, given leg and fist blows on her chest and stomach. Then informant and villager namely Harun Momin and other villager removed mother of informant on the cot to veranda of the house and when his mother got conscious then she told that Hamid Momin and his wife have given leg and fist blows on her chest and stomach and while telling so, she got unconscious and died immediately. Cause of incident as stated by informant is that her mother got married with Hamid Momin a year back and his mother used to ask from him her maintenance but Hamid Momin did not provide the same and on account of this, quarrel used to take place between them and he also used to tell that his mother would be liquidated. Upon aforesaid fardbeyan of informant, an FIR being Sill P.S. Case No. 68/1995 under Section 302 /34 of IPC has been registered.

3. After investigation I.O. has filed chargesheet being chargesheet no. 13 of 1996 dated 10.03.1996 against both the appellants and thereafter congnizance of the offence was taken and case was committed to court of sessions on 19.07.1996. Charge under Section 302 /34 of IPC has been framed against both the appellants on 24.09.1996 to which they denied and claimed to be tried. After examination of witnesses statement of accused persons was recorded on 18.11.1997 under Section 313 of Cr.P.C. in which appellants categorically denied allegation against them.

4. To prove its case prosecution has examined as many as nine witnesses out of which four witnesses i.e. P.W-1, Harun Momin, P.W-2 Md. Naseer, P.W.-3 Jetha Singh Ghatwar, P.W-4 Satar Momin are co-villager of the informant but they have not supported the case of prosecution. P.W.-5, Dr. Ajeet Kr. Choudhary has conducted post mortem examination on the dead body of Mehjin Bibi. P.W. 6, Bhola Pandit and P.W.-9, Brij Nandan Paswan are the I.Os. of the present case and P.W.-9 had taken the charge of investigation when almost investigation was over.

5. P.W.-7, Noor Islam Momin is the informant and son of the deceased whereas P.W.-8 Gudhro Bibi is the mother of deceased and nani of P.W.-7. As per prosecution case, mother of the deceased P.W.-8, Gudhro Bibi is the eye witness of the incident of the present case and son of the deceased P.W. 7, Noor Islam Momin is the person who alongwith other villager removed the deceased on cot from bari of Karim Momin to verenda of his house and allegedly when deceased regained her sense she divulged the incident to him (P.W.-7) by