Conviction on sole eyewitness unreliable due to contradictions in assault manner/place, house layout inconsistency, suspicious family conduct; benefit of doubt where guilt not proved beyond reasonable doubt.

JUDGMENT :

Sujit Narayan Prasad, J.

1. Since both the appeals arise out of the common judgment of conviction dated 28.07.1998 and the order of sentence dated 29.07.1998 passed by the learned 6^th Addl. Sessions Judge, Dumka in Sessions Case No. 306 of 1995, as such they have been tagged and taken up together for analogous hearing and are being disposed of by this common order.

2. It needs to mention herein that the appellants in Criminal Appeal (DB) No.477 of 1998 (P), namely, the appellant no.2-Suresh Mehra, appellant no.3-Jhalku Mehra, appellant no.5-Dinesh Mehra, appellant no.7-Lukhu Mehra and appellant no.8-Lakxman Mehra had died during pendency of the said appeal and, as such, vide order dated 05.02.2026, the appeal being Criminal Appeal (DB) No.477 of 1998 (P) stands abated against these appellants.

Prayer

3. These appeals under section 374(2) of the Code of Criminal Procedure, 1973 are directed against the judgment of conviction dated 28.07.1998 and the order of sentence dated 29.07.1998 passed by the learned 6^th Addl. Sessions Judge, Dumka in Sessions Case No. 306 of 1995 whereby and whereunder the appellant, namely, Nundeo Mehra [ in Cr. Appeal (DB) No.474 of 1998(P)] has been convicted under section 302 of the Indian Penal Code and sentenced to undergo life imprisonment for the said offence whereas the alive appellants in Cr. Appeal (DB) No.477 of 1998(P), namely, Naresh Mehra, Shanker Mehra and Jai Kant Mehra have been convicted under sections 148 of the Indian Penal Code and sentenced to undergo RI for two years for the said offence.

4. The prosecution story, in brief, as per the fardbayan dated 23.02.1995 of the informant Daya Devi (P.W-6), is that on 22.02.1995 at 9 PM, informant Daya Devi and her husband Kisto Mehra (P.W.-5), after having their meals were sitting at the dhaba (Verandah) of their house and an earthen lamp was burning. At that time, accused/ appellant-Nundeo Mehra armed with a bhujali, Shankar Mehra armed with a knife, Jhalku Mehra with axe and Laxman Mehra, Suresh Mehra, Naresh Mehra, Dinesh Mahra, Lukhu Mehra and Jaikant Mehra, all armed with lathi entered the house of the informant and Nundeo Mehra, Shankar Mehra and Jhalku Mehra called out the name of the informant’s husband and said that they would kill Kisto Mehra, upon which Kisto Mehra fled away. Thereafter, all the accused persons came to the dhaba (Verandah) and searched for Kisto Mehra.

5. It is further stated in the fardbeyan of the informant that when the accused persons could not find the husband of the informant, then Nundeo Mehra, Shankar Mehra and Jhalku Mehra dragged out Santu Mehra(deceased), aged about 65 years, the father-in-law of the informant, who was sleeping inside the room and Nundeo Mehra assaulted with bhujali on the fore- head, neck and nose and kill