In circumstantial evidence cases without eyewitnesses, conviction unsustainable if chain incomplete due to hostile seizure witnesses, recovery contradictions, and improper reliance on s.161 CrPC statements; benefit of doubt mandates acquittal.

ORDER :

Sujit Narayan Prasad, J.

1. Since both the appeals arise out of the common judgment of conviction dated 10.04.2017 and the order of sentence dated 12.04.2017 passed by the learned Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No. 08 of 2015, as such they have been tagged together and taken up together for analogous hearing and are being disposed of by this common order.

2. These appeals under section 374(2) of the Code of Criminal Procedure, 1973 are directed against the judgment of conviction dated 10.04.2017 and the order of sentence dated 12.04.2017 passed by the learned Sessions Judge, West Singhbhum at Chaibasa in Sessions Trial No. 08 of 2015 whereby and whereunder the appellants, above-named, have been convicted under sections 302/34 of the Indian Penal Code and sentenced to undergo RI for life under section 302/34 of the Indian Penal Code with a fine of Rs.10,000/- each and in default to pay fine amount, they were directed to go further RI for one year for each convicts.

3. The prosecution story, in brief, as per the fardbayan of Besangi Champia (since dead) recorded by S.I. Surendra Ravidas officer-in-charge Manoharpur Police Station on 12.03.2014 at about 12:30 hours at Tumsai, Handiburu forest, wherein it is stated that on 11.03.2014 at about 09:00 A.M. informant's son Laxman Champia (deceased) was taken by one co-villager Mangra Champia (appellant herein) for digging foundation of his house at Tumsai Handiburu forest. When the informant's son didn't return to home in the night, then the informant started searching her son hither and thither.

4. On 12.03.2014 at about 07:00 A.M., Mangra Champia himself came to the house of the informant and told that Laxman Champia has been murdered by Soma Champia (appellant) and his son Rendo Champia by assaulting the deceased with stones.

5. Then, informant informed to police about the occurrence and went to Tumsai Handiburu forest along with officer-in-charge of Manoharpur P.S and saw the dead body of her son Laxman Champia, who had sustained crush injury on his head and face with stones and blood was oozing out from his face and his face was crushed. Blood-stained stone was also lying near the dead body. Informant alleged that the incident took place on 11.03.2014 at about 04:00 P.M. Informant claimed that her son was called upon by accused Mangra Champia for laying foundation of his house at Tumsai, Handiburu forest, where in association with Soma Champia and Rendo Champia killed him by assaulting on head and face with stones.

6. On the basis of the fardbayan of the informant, Manoharpur P.S. Case No.18 of 2014 dated 12.03.2014 was registered under sections 302/34 of the IPC. After investigation, the police submitted the charge sheet against the appellants for the offences under sections 302/34 and cognizance of the offence was taken and the case was c