Conviction under Section 302 cannot rest on sole eyewitness testimony riddled with contradictions, delay in naming accused, medical inconsistencies, and unnatural conduct; prosecution must prove guilt beyond reasonable doubt, otherwise benefit of doubt accrues to accused.

Judgment :

Sujit Narayan Prasad, J.

1. The instant appeal is directed against the Judgment of conviction dated 03.07.1998 and Order of sentence dated 04.07.1998 passed by learned 2nd Additional Sessions Judge, Godda, in Sessions Case No.138 of 1997/43 of 1997 by which the appellant has been convicted under section 302 of the Indian Penal Code (IPC) and has been directed to undergo rigorous imprisonment for life.

Factual Matrix

2. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case. The prosecution story in brief as per the allegation made in the First Information Report reads hereunder as :-

The informant Marangmai Hanada, widow of late Lopsa Soren of village Harkatte, gave her fardbeyan on 14.04.97 at 7:00 A.M. alleging that there is no male member in her house and she along with her widowed daughter Balamai Soren and her four children live in the house. For last 2 to 3 years, she had kept Basta Murmu(deceased) as servant.

In the last night Basta Murmu had slept in the Verandah. At about 12 to 1 ‘O' clock in the night she woke-up hearing sound of "Khat Khat" then she heard the sound of somebody fleeing away. Thereafter, she saw Basta Murmu lying senseless and found that his head was smashed and blood was oozing out.

The villagers came there on hulla and the injured Basta Murmu was being taken for treatment and the in the way the Officer-in-charge, Lalmatia Police Station reached near Mohanpur Chowk and there she gave her fardbeyan which was recorded by Sri N.K. Soren, S.I., Lalmatia Police Station. This fardbeyan has been marked as Ext.-3 in this case.

The second fardbeyan which was recorded by S.I. Sri Nageshwar Das P.W. -15, on 14.04.1997 at 12:00 at Sadar Hospital which has been marked as Ext.-5. In this exhibit-5 the said Marangmai Hansda, informant has stated that in the night Basta Murmu was sleeping with Dhena Marandi.

3. On the basis of fardbeyan of the informant, Boarijore (Lalmatia) P.S. Case No.22 of 1997 dated 14.04.1997 (G.R. No.230 of 1997) was registered against the unknown accused persons under Section 307 of the I.P.C. which was subsequently converted to a case U/s 302 I.P.C.

4. After investigation, the police submitted charge sheet against the appellant.

5. After cognizance of the offence, the case was committed to the Court of Sessions. Charge under Sections 302 I.P.C. was framed to which the accused pleaded not guilty and claimed to be tried.

6. The prosecution has altogether examined 15 witnesses, namely, P.W.-1 Chotta Shyamlal Tudu P..-2 Dez Marandi, P.W.-3 Sanjhla Tudu, P.W.-4 Anup Murmu P.W.-5 Marangmai Murmu, P.W.-6 Bahamai Marandi, P.M.-7 Betka Hansda, P.W.-8 Balemai Soren, P.W.-9 Marangmai Hansda (informant), P.W.-10 Ram Soren, P.W.-11 Dhena Murmu, P.W.-12 Dr. Arvind Kr.Singh, P.W-13 Nav Kr. Soren (I.O.), P.W.-14 Dr. Ajay Kr. Jha, who has performed postmortem examination and P.W.-15 Nageshwar Das.

7. The Defence has not examined any witness in support of his case.

8. The trial Court, after recording the evidence of witnesses, examination-i