The court emphasized that eyewitness testimony, even from relatives, must be thoroughly examined without automatic dismissal, impacting convictions and resultant penalties in murder cases related to honor killings.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. A.S. Dayal, learned counsel for the appellant in Cr. Appeal (DB) No. 1390 of 2017, Mr. Jai Shankar Tripathi, learned counsel for the appellants in Cr. Appeal (DB) No. 1413 of 2017, Mr. B.K. Dubey, learned counsel for the appellant in Cr. Appeal (DB) No. 1433 of 2017, Mr. Shiv Kumar Singh, learned counsel for the appellants in Cr. Appeal (DB) No. 1500 of 2017, Mr. Manoj Kumar Choubey, learned counsel for the appellant in Cr. Appeal (DB) No. 1937 of 2017 and Mr. Bhola Nath Ojha, learned Spl. P.P., Mr. Ravi Prakash, learned Spl. P.P. and Mrs. Vandana Bharti, learned A.P.P. for the State.

2. This appeal is directed against the judgment and order of conviction and sentence dated 05-07-2017 (sentence passed on 10-07-2017) passed by Sri Sanjay Kumar Upadhyay, learned Additional Sessions Judge-II, Palamau at Daltonganj in S.T. Case No. 121 of 2016, whereby and whereunder, the appellants have been convicted for the offences under Section 302 /149, 364/149 and 120(B) of the INDIAN PENAL CODE and the appellant Vinay Vishwakarma, Manoj Chandravanshi and Santosh Bhuiyan have been sentenced to death along with the fine of Rs. 5,000/- each for the offence under Section 302 /149 IPC, while the appellants Sujit Prajapati, Gana Prajapati, Munarik Vishwakarma and Janeshwar Vishwakarma have been sentenced to undergo rigorous imprisonment for life, i.e., imprisonment for whole of remaining period of natural life of the convict and also to pay a fine of Rs. 5,000/- each for the offence under Section 302 /149 IPC, and in default in payment of fine, all the convicts were further sentenced to undergo simple imprisonment for three months. All the seven appellants have further been sentenced to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs. 5,000/- for the offence under Section 364 /149 IPC and in default in payment of fine, they are further sentenced to undergo simple imprisonment for three months. No separate sentence was extended to the appellant for the charge framed under Section 120(B) IPC. All the sentences were directed to run concurrently.

3. The prosecution case arises out of the fardbeyan of Raj Muni Mochi in which it has been stated that in the night between 30/31-03-2015, the informant and his family members were sleeping after having meal when some persons started shouting to open the door. They claimed themselves to be the party members and if the door was not opened, threatening was given that the house will be set on fire. Out of fear, the informant opened the door at which, 6-7 persons with their faces covered entered into the room. Some of the persons remained outside. The persons who had entered inside had disclosed that the marriage has been solemnized with a Lohar and hence, the party will take a decision about the same. They, by assaulting, had taken away the wife of the informant Phul Kumari Devi, the disabled son of the informant Chunmun Kumar and the daughter-in-law of the informant, Sonakshi Devi for appearing in the Jan Adalat in Derwa forest near Sadawar river. The informant managed to flee away and hid himself in the jungle. In the morning, he reached Derwa jungle, where he