A conviction cannot be sustained on the basis of eyewitness testimony that is riddled with material contradictions regarding witness presence and sequence of events, especially when the prosecution fails to produce corroborative physical evidence to prove guilt beyond a reasonable doubt.

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. Instant criminal appeal is directed against the judgment and order of conviction and sentence dated 31.07.2002 passed by Ist Additional Sessions Judge, Bermo at Tenughat, District Bokaro in S.T. Case No. 162/110(A) of 1997 corresponding to G.R. Case No. 226/1997, whereby the whereunder, the appellants have been held guilty for the offences under Sections 148, 302/149, 325/149 of the I.P.C. and sentenced to undergo R.I. for one year for the offence under Section 148 of the I.P.C., R.I. for two years for the offence under Section 325/149 of the I.P.C and R.I. for life for the offence under Section 302/149 of the I.P.C.

2. We have heard Mrs. Neeharika Mazumdar, learned counsel for the appellants as well as Mr. Manoj Kumar Mishra, Additional Public Prosecutor appearing for the State and perused the record.

Factual Matrix

3. Factual matrix giving rise to this appeal is based upon Fardbeyan of one Rupa Devi wife of Nandan Singh, recorded on 27.03.1997 at Bokaro Colliery Hospital, Verandah at 09:00 P.M. by S.I. Sudama Yadav, Officer In-Charge of Gandhi Nagar Police Station wherein the informant stated that on the same day at about 07:30 PM, informant’s father Gang Deo Singh was present at his hotel situated at Kurpania More. Meanwhile, 100-150 miscreants surrounded him and started brutally assaulting. Informant’s father started fleeing away, but he was chased and caught hold of near the gate of Ashok Dubey and assaulted by means of Lathi, Bhala and Gadasa. Thereafter, some miscreants entered into the house of informant in search of her brothers who were not present in the house then, miscreants ran away towards the south and north direction by assaulting persons who met them. The informant along with her husband brought her injured father to Bokaro Colliery Hospital, but he was declared dead. The informant has mentioned the name of 15 accused persons, whom she saw armed with Lathi, Bhala and Gadasa as under:- Ramavtar Rawani, Bijay Rawani, Dr. Madhusudan Prasad Shibu Rawani, Ramesh Prasad, Dhiraj Rawani,Laxman Ram, Sunil Rawani, Sanjay Rawani, Avinash Kumar, Bhim Rawani, Kisto Rawani, Arvind Rawani, Ashok Rawani, Nageshwar Rawani.

The motive behind the occurrence is alleged that prior to occurrence some dispute arose between Tinu Singh, Sunil Rawani and Pankaj Singh. Thereafter, Sunil and Pankaj attacked on Tinu Singh who fled away and concealed himself in a house and while returning, they assaulted deceased (Gang Deo Singh) and killed him.

4. On the basis of Fardbeyan, F.I.R. was registered as Gandhi Nagar P.S. Case No. 24/1997 for the offences under Sections 147, 148, 149, 452, 302, 323, 427, 120 B of the I.P.C. against 15 accused persons. During investigation one accused person absconded. Charge-sheet was submitted against the above 14 accused persons. The case was committed to the court of Sessions where S.T. Case No. 162/110(A) of 1997 was registered and trial proceeded against the appellants.

5. In order to prove the charges against the appellant, the prosecution has examined 13 witnesses and apart from oral testimony of witnesses following documentary evidences were also adduced:-

Exhibit-1:- Carbon Copy of Inquest Report.

Exhibit-2:- Injury report.

Exhibit-3:- Carbon copy of requisition of Ram Kumar Singh.

Exhibit-4:- P.M. Report.

Exhibit-5:- Signature of Rupa Devi on Fardbeyan.

Exhibit-5/1:- Signature of Nandan Singh on Fardbeyan.

Exhibit-5.:- Signature of Ramadhar Singh on Fardbeyan.

Exhibit-6:- Fardbeyan of Rupa Devi.

Exhibit-7: