D.K.SINHA, J. - (1.) THE present Jail Appeal has been directed against the judgment of conviction under Section 302/ 201 I.P. C. passed by the Additional Judicial Commissioner, Khunti in Sessions Trial No. 577/1991 whereby and whereunder the sole appellant Durga Munda has been sentenced to undergo R.I. for his life under Section 302 I.P.C. and R.l. for 5 years under Section 201 I.P.C. with the direction that the sentences would run concurrently.
(2.) THE prosecution story as it stands narrated in the statement of the informant P.W. 10 Madan Singh Munda, delivered at Muruhu Police Station on 23.5.1991 at 2.00 P.M. was that he alongwith his cousin Laxman Singh Munda (since deceased) visited Tapingsara in the morning on the same day to see 'Manda' festival and from there both went to their maternal uncle Budhua Munda (P.W. 4) in the same village where both were served Handia (a kind of alcoholic rice beer) by him. At about 9 a.m. when the informant went inside the room of Budhua Munda for quenching after having consumed Handia, in the meantime he heard alarms raised outside. As soon as he came out, he saw altercation between Laxman Singh Munda (since deceased) and the appellant Durga Munda of the same village and in the same transaction, the informant saw, that the appellant Durga Munda broke a glass bottle and with the sharp edged portion of the broken bottle he attacked on the head and abdomen of Laxman Singh Munda as a result of which the latter fell down sustaining injuries. Even thereafter, as alleged, the appellant Durga Munda inflicted blows on the chest of Laxman Singh Munda with the stones. The informant narrated further that the father of the appellant, who was present there, forbade the appellant from indulging in assault but of no avail. After the said occurrence, the appellant attempted to apprehend the informant but he escaped and arrived at the village road where one Etwa Munda came on cycle and apprised that the appellant had committed murder of Laxman Singh Munda and that the appellant was removing the dead body to dispose it of. The informant then came to the house of the deceased at 12 O'clock and conveyed the occurrence to the father of the deceased and the other members of family. Pursuant to that they went to Tapingsara village while the informant came to the police station for instituting case against Durga Munda for committing murder causing death of Laxman Singh Munda and also for disposing of his dead body. The police on such statement instituted Murhu P.S. Case No. 28/1991 against the sole appellant Durga Munda for the offence under Section 302/ 201 IP.C. and after investigation submitted charge -sheet against him. Accordingly charge against Durga Munda was framed under Section 302/201 I.PC. and he was put on trial as he denied his guilt and claimed to be tried.
(3.) MRS . Sadhana Kumar, learned Amicus Curiae submitted that after framing of charge, though as many as 15 witnesses were produced and examined on behalf of the prosecution. Yet only one witness namely the informant Madan Singh Munda (P.W. 10) has claimed to be the eye -witness and even his evidence suffers from inconsistency as compared to his earlier version. In the instant case the Investigating Officer has not been examined. It would be relevant to mention that material witnesses such as Etwa Munda who communicated the informant about the murder of the deceased as well as that the appellant was removing the dead body for its disposal was not examined on behalf of the prosecution who could have been an independent witness to reveal the truth and the manner of occurrence resulting into the alleged death of Equivalent Laxman Singh Munda. Similarly, the father of the deceased Banmali Singh Munda who could have been an important witness has not been examined.;