The court emphasized that conviction requires reliable, corroborative evidence, and inconsistencies in witness testimony led to the reversal of the conviction.

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. At the very outset, it is to be mentioned that three accused persons have been convicted in this case, out of whom, appellant no. 1 Koncha Oraon has died during pendency of this appeal and appeal on his behalf has been abated vide order dated 19.08.2025. So far convict Mannu Kachap, who has preferred another appeal i.e. Cr. Appeal (DB) No. 1179 of 2003 is concerned, his appeal has been abated vide order dated 06.10.2025 as he has also died during pendency of appeal.

2. Heard Mrs. Supriya Dayal, learned counsel for the sole surviving appellant as well as Mr. Shiv Shankar Kumar, learned A.P.P. for the State.

3. The instant appeal is directed against the judgment of conviction dated 08.07.2003 and order of sentence dated 09.07.2003 passed by learned Additional Judicial Commissioner, Fast Track Court, Ranchi in Sessions Trial No. 498 of 1995, whereby and whereunder, the present appellant along with two others have been held guilty and convicted for the offence under Section 302/34 & 201/34 of the I.P.C. and sentenced to undergo rigorous imprisonment for life each for the offence under Section 302/34 of the I.P.C. and rigorous imprisonment for 5 years each for the offences under Section 201/34 of the I.P.C. Both the sentences were directed to run concurrently.

FACTUAL MATRIX

4. The factual matrix giving rise to this appeal is that on 15.05.1995 in the night informant, Sanjay Kachap along with his sisters Geeta Kachap and Reeta Kachap, Kuldeep Oraon and Sushil Oraon (deceased) went to fetch Manda Mela in his village. In the said Mela, Koncha, Raju Lakra and Mannu Kachhap were singing and dancing. It is further alleged that Sushil Oraon was sitting beside Geeta, sister of the informant and on seeing this, the accused persons at about 2:45 A.M. asked Sushil to accompany them and took away Sushil Oraon with them. It is alleged that at about 6:00 A.M. when informant along with his sisters Geeta and Reeta and Kuldeep were returning to their home then they found accused persons coming towards the Bahiyar, then they asked about Sushil Oraon. The accused persons did not tell about the Sushil Oraon, but said that they should go to their own house and thereafter, they would come to know about Sushil. It is further alleged that after considerable lapse of time when Sushil did not return either to the informant or to his own sister’s house, then informant along with Kuldeep searched him and reached in Bahiyar of the Village situated towards north east and found shoes of deceased near the well of Koka Oraon and when they saw into well, a dead body was floating. The dead body of the deceased was brought out which was of Sushil Oraon, who had sustained injuries on cheeks, nose and head. The police also approached the place of occurrence, where fardbeyan of the informant Sanjay Kachhap (P.W.-3) was recorded. It is also alleged that there was love affairs between Geeta Kachhap and Raju Lakra and Raju Lakra always used to say about marriage with her and seeing Sushil Oraon with his sister Geeta on 15.05.1995, the plan of murder of Sushil was hatched.

5. On the basis of above fardbeyan, Doranda P.S. Case No. 132/1995 was registered for the offence under Sections 302 / 201 / 34 of the I.P.C. against three accused persons. After conclusion of investigation, charge sheet was submitted for the aforesaid offences. The learned Judicial Magistrate, after taking cognizance committed the case to the court of Sessions, where S.T. No. 498/1995 was registered and trial proceeded against the accused persons.

6. The trial court after scrutinizing the evidence of prosecution and defence arrived at conclusion of guilt of the accuse