A single reliable eyewitness testimony can sustain a murder conviction, irrespective of contradictions in other testimonies.

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH)

Date: …..-02-2017

The instant appeal has been filed against the judgment of conviction dated 30.01.2016 and order of sentence dated 06.02.2016 passed by the Additional Sessions Judge IV, Khagaria in Sessions Trial No. 377/05/336/08/08/07, arising out of Alauli (Morkahi) Police Station Case No. 72 of 2004, dated 29.05.2004 under sections 302/34 of the IPC & 27 of the Arms Act . The sole appellant has been sentenced to undergo imprisonment for life along with fine of Rs.5000/- for the offence under sections 302/34 of , R/I for three years with a fine of Rs.5000/- for the offence under section 27 of the . Both the sentences are directed to run concurrently. However, in the event of failure to deposit the fine, the appellant was directed to undergo simple imprisonment for a further period of three months.

2. The prosecution case, as made out in the fard beyan of Satyanarain Sah s/o Late Gena Sah of village Mohanpur Police Station Morkahi District Khagaria recorded by S.I.Chitranjan Mishra, Officer-in-charge of Morkahi Police Station on 29.05.2004 at 10 PM in front of house of Jawahar Sah of village Mohanpur, in short, is as follows:-

(a) The informant stated that his elder brother Jawahar Sah, aged 50 years runs a small grocery shop in his village. On 29.05.2004 at about 3 PM he had gone to collect ration for his shop from Chatar Bazar along with his son Police Kumar Sah (PW 4) aged 12 years.

(b) After purchasing rations, both were returning home from Chatar Bazar on foot carrying grocery items on their head. At 6 PM, when they were south to Kargil tola near Jilabia Gachhi, the accused Naresh Sada, Biran Sada and three unknown persons, variously armed, emerged from a Maize field and ran towards Jawahar Sah. On seeing them, Jawahar Sada and his son Police Kumar Sah started fleeing towards Dahma Bahiar, south to Jilebia Gachhi raising hulla. In order to run fast, they also threw the rations which they were carrying on their heads. However, the accused persons caught him in the ploughed field after some chase. The informant’s nephew somehow escaped and managed to reach his house, whereafter he narrated the entire incident to the informant. He stated that Biran Sada shot at his father, near his ear and thereafter Naresh Sada also fired at him.

(c) On hearing the news, the informant along with his brothers Suresh Sah (PW 3), Anandi Sah (PW 5) and villagers Sajjan Sah (PW 7) and Shankar Sah (PW 2)ran towards the place of occurrence with a cot. On reaching the place of occurrence, the informant found his brother Jawahar Sah dead having sustained fire arm injury near his ear from which blood was flowing. Thereafter they brought the dead body to their door.

(d) The reason behind the occurrence is said to be a long standing dispute between families of Sah community with the family of Kamalkishore Sada of village Santosh. On 23.05.2004, notorious criminal Komla @ Kamalkishore Sah had come to the village of Sah community in order to take revenge, but members of Sah community caught him and was handed to the police. On 27.05.2004, a member of Sah community Pankaj Kumar Sah was shot at by the Sada community near Paras Bhatta. However, the former survived. The accused persons this time, in order to take revenge, were lying in ambush in a maize crop and as soon as Jawahar Sah reached there, he was intercepted and shot dead.

3. On the basis of fard beyan of the informant, Alauli (Morkahi) Police Station Case No. 72 of 2004, dated 29.05.2004 under sections 302/34 of the IPC and 27 of the Arms Act was instituted. Police after completion of investigation submitted three separate charge sheets. The first charge sheet bearing Charge sheet No. 44 of 2004, dated 29.09.2004 was submitted against Tarni Sada, Hulo Sada, Sattan Sada, Bhim Sada keeping the investigation pending against the accused Naresh