The conviction for murder cannot be sustained without corroborated and reliable testimony, especially when relying on child witnesses whose statements showed significant contradictions.

JUDGMENT :

Rajnish Kumar, J.

1. Heard, Sri Rudra Pratap Lal,learned counsel for the appellant and learned AGA.

2. The instant Criminal Appeal under Section 374(2) of Criminal Procedure Code (hereinafter referred as Cr.P.C.) has been filed against the judgment and order dated 27.09.2013 passed in Session Trial No.19/2012; State versus Mata Prasad Mishra by the Special Judge, (E.C.) Act, Gonda arising out of Case Crime No.390/2011, under Section 302 of Indian Penal Code (hereinafter referred as I.P.C.), Police Station Dhanepur, District Gonda.

3. The prosecution case is that the sister of the complainant Raj Kumar Pandey, Shail Kumari was married about 25 years ago with Mata Prasad Mishra. His brother-in-law Mata Prasad Mishra always used to beat his sister but she did not speak anything. His sister has five children, two daughters and three sons. His brother-in-law always used to take ganja and never took responsibility of house and children. On 04.09.2011, his brother-in-law demanded money from his sister for ganja but she declined, on account of which there was quarrel between them and in the evening on that day, the food was not prepared. In the night of 4/5.9.11, while his sister was sleeping on cot alone and her children Jitendra, Shiv Nandini and Manoj were also sleeping near her, seeing the opportunity, his brother-in-law killed his sister by pressing her mouth. The complainant was out and when he came back then he came to know about it and, accordingly, the F.I.R. was lodged by him on 08.09.2011.

4. On the basis of Tehrir(Ex Ka-1) of the complainant, the F.I.R. (Ex.Ka-4) was recorded. Thereafter recovery memo(Ex Ka-2), carbon copy of the report (Ex. Ka-3), site plan of the place of incident(Ex.Ka- 5), inquest report(Panchayatnama) (Ex.Ka-7), photograph of the dead body (Ex.Ka-8), Form No.13 (Ex.Ka-9), Letter of R.I. (Ex.Ka-10), Letter of C.M.O.(Ex.Ka-11), Sample Seal (Ex. Ka-12), copy of report No.25 prepared at 11:30 on 05.09.2011(Ex. Ka-13) and post mortem report (Ex. Ka-14) were prepared by the Investigating Officer during the investigation and placed on record. Thereafter, after recording the statement of the witnesses and collecting the material, charge sheet under Section 302 I.P.C.(Ex. Ka-6) was submitted in the court of C.J.M., Gonda. Considering the same, the cognizance was taken on the chargesheet and the accused/ appellant was summoned. On his appearance, the copies of the required documents in compliance of Section 207 Cr.P.C. were provided and finding it to be a case triable by the Sessions Court, it was committed to the Session by means of the order dated 10.01.2012 passed by Chief Judicial Magistrate, Gonda. The Session court framed charge against the appellant under Section 302 I.P.C., which was denied by the appellant and he prayed for trial.

5. During trial, in support of the charge, the complainant(brother of the deceased) Raj Kumar pandey as P.W.1, Manoj Kumar Pandey(son of the complainant) as P.W.2, Head Constable Nitya Nand Singh as P.W.3, Pramod Kumar Jha as P.W.5 and Dr. G.K. Sharma as P.W.6 and S.I. Ramayan Singh as P.W.6 were examined in evidence. Thereafter, the statement of the accused-appellant was recorded under Section 313 Cr.P.C., in which he stated that the incident is wrong, false evidences have been recorded and fraudulent recovery has been shown and the case has been lodged on accou