Conviction on sole eyewitness testimony requires reliability and ring of truth; unsustainable amid inconsistencies, improbabilities like post-alcohol escape, absent corroboration, forensics, warranting acquittal on benefit of doubt.

Judgment :

Sujit Narayan Prasad, J.

1. At the very outset, Mr. Pankaj Kumar, the learned Public Prosecutor has submitted that appellant No.1, namely, Etwa Oraon has died on 07.01.2001.

2. No application to sue the proceeding on behalf of the legal representative has been filed as yet.

3. Accordingly, the instant appeal against the appellant no.1, namely, Etwa Oraon stands abated.

4. Now the present appeal exists only against appellant Champa Oraon.

Prayer

5. The present appeal has been filed under section 374(2) of the Code of Criminal Procedure against the judgment of conviction dated 17.12.1997 and order of sentence dated 18.12.1997, passed by the learned 1^st Additional Judicial Commissioner, Ranchi, in Sessions Trial No.29 of 1993, whereby and whereunder, the learned court below has convicted the appellant under sections 302/34, 201 and 379 of the Indian Penal Code and sentenced him to undergo RI for life under section 302/34 of the IPC, RI for one year for the offence punishable u/s 201 of and RI for three months for the offence punishable under section 379 of . All the sentences were directed to run concurrently.

Factual Matrix:

6. The prosecution case, in brief, as per fardbeyan dated 29.06.1992, of the informant, namely, Pannu Oraon (P.W.-3), is that the informant Pannu Oraon along with his sister Meean Devi, wife of accused Etwa Oraon and Chumnu Oraon had gone to Biharsharif to work in a brick- kiln where Meean Devi died due to snake bite. After returning from Biharsharif, the informant and his brother in-law (bahoni) Chumnu Oraon (deceased) went to the house of accused Etwa Oraon on 28.6.1992 to inform the date of Shradh of Meena Devi. The informant and Chumnu Oraon reached in the house of the accused Etwa Oraon at about 10:00 a.m., who started preparing meal for them. At about 01:30 p.m. the informant and Chumnu Oraon were made to sit in a house facing east and were offered two bottles of wine. The accused persons produced three more bottles of wine before them but the informant refused to take any more.

7. Thereafter, Chumnu Oraon was brought out of the house and accused started giving knife blows on him and the accused caught the informant’s neck and wanted to assault him but he managed to escape somehow and fled to village Kuli and spent night therewith unknown persons. In the morning, he went to the house of his maternal uncle Mahavir Oraon (P.W.-2) in village Itki and told everything to his maternal uncle. Then the informant and Mahavir Oraon, went to the house of the accused persons but the accused persons were absconding. Informant further stated that the dead body of Chumnu Oraon with injuries was found in a ditch at a distance of one kilometer north-west to village Sakar Pada. The accused persons had also taken away wrist watches and bicycles of the informant and Chumnu Oraon.

8. On the basis of the fardbeyan of the informant Mandar P.S. Case No.80 of 1992dated 29.06.1992 was registered under sections 302/201/379/34 of the Indian Penal Code against the accused persons Etwa Oraon and Champa Oraon.

9. On completion of investigation, charge-she