The main legal point established is that a conviction can be based on the evidence of a sole eyewitness if it is unimpeachable and inherently believable, and the burden of proof for establishing a plea of alibi is heavy.

JUDGMENT

S.K. Panigrahi, J. - The present appeal has been directed against the judgment of conviction and order of sentence dated 05.12.2003 passed by the learned Additional Sessions Judge, Rairangpur in S.T. Case No.13/67 of 2002, whereby the appellant has been convicted for commission of offence punishable under Section 302 of the Indian Penal Code, 1860 and sentenced to undergo imprisonment for life and to pay fine of rupees one thousand or in default to further S.I. for one month.

2. Bereft of unnecessary details, the facts of the matter presented before us remain that on 26.08.2001 at around 8:00 P.M., the accused was taken to the house of the informant- Madhu Majhi (P.W.1) by Sawan Kisku (deceased), his son Baidyanath (P.W.2), his two son-in-laws; Balaram (P.W.6) and Singrai (P.W.4), as the accused was suffering from fever and possibly malaria. P.W.1 requested everyone to return in the morning as he would be treating the accused with herbal medicines only after observing his condition throughout the night. However, the deceased, P.W.2, P.W.4 and P.W.6 decided to stay and wait. The deceased and P.W.1 went to sleep in P.W.1's room, where P.W.1 rested on his cot and the deceased laid on a mattress on the floor. P.W.2, P.W.4 and P.W.6 were cooking food outside the house. Around midnight upon hearing some noise, the P.W.1 noticed that the accused had picked up a Barisi (an iron instrument with a short handle generally used by carpenters) which was lying in the room and assaulted the deceased by means of the same on the left side of his head, ear and neck region. Immediately P.W.1 created a 'hulla' (commotion) due to which the accused ran out of the room but was apprehended by P.W.2, P.W.4 and P.W.6 who were cooking outside and had rushed towards the door hearing the commotion. In the struggle that ensued to apprehend the accused, P.W.6 received some injuries. P.W.1, P.W.2, P.W.4 and P.W.6, however, were finally able to tie up the accused. Immediately afterwards, P.W.1 along with one Jagannath Lohar went to the Police Station at Badampahad and lodged a report at around 2 A.M. Police registered the FIR and came to the spot, but by then the deceased has already died due to the injuries inflicted upon him. The police arrested the accused and in course of investigation, seized the weapon of offence, i.e., the Barisi, the blood stained clothes of the deceased, the mattress, on which the deceased was sleeping, one blood stained lungi of the accused, and collected blood samples of the accused, the deceased and P.W.6, and sent all those for chemical examination. After due investigation, the police charge sheeted the accused for the offences U/s.302/324 I.P.C.

3. The trial court thereafter framed 4 issues. The prosecution examined 6 witnesses; out of whom P.W.1 is the informant and eye witness to the incident; P.W.3 is the Medical Officer, who conducted the Post Mortem Examination; P.Ws.2, 4 and 6 are the family members who had accompanied the accused and the deceased to the house of P.W.1 and were present around the spot at the time of the alleged incident and P.W.5 is the Investigating Officer. The plea of alibi taken by the appellant included complete denial of the allegations made against him. However, no witnesses were produced from the appellant's side before the trial court in support thereof.

4. Upon going through the testimony of P.W.1, it is revealed that the accused was brought to his house at around 7:00 P.M. by the deceased and P.Ws.2, 4 and 6 for treatment of fever, madness or possibly malaria. P.W.1 deemed it fit to observe the accused's condition overnight before prescribing any medication and thus did not give any medication at that time. The deceased along with P.Ws.2, 4 and 6 then decided to spend the night there itself. His testimony also reveals that the deceased slept in his room while P.Ws.2, 4 and 6 were outside cooking food. He makes a statement about how the accused kept moving around and acted jittery. He states