JUDGMENT : Heard learned senior counsel for the appellant and learned counsel for the State. 2. The appellant is aggrieved by the impugned Judgment of conviction dated 19.11.2014 and Order of sentence dated 24.11.2014, passed by the learned Additional Judicial Commissioner-XIII, Ranchi, in S.T. No.09 of 2008, whereby, the sole appellant has been found guilty and convicted for the offences under Sections 302 / 34 of the Indian Penal Code, and Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life with fine Rs. 5,000/-for the offence under Section 302 of the Indian Penal Code, imprisonment for three months and fine Rs. 500/-for the offence under Section 3 of Prevention of Witch (Daain) Practices Act and imprisonment for six months and fine Rs. 1,000/-for the offence under Section 4 of Prevention of Witch (Daain) Practices Act. 3. The case relates to double murder, and the case was instituted on the basis of the fardbeyan of informant Fagu Tigga, the son of both the deceased, recorded on 24.8.2007 at about 10:30 hours at his village home, wherein, he has stated that in the night of 23.08.2007, he was sleeping in his house and his father and mother were sleeping in other house situated at about 100 yards from his house. At about 10:00 P.M. in the night, his co-villagers Krishna Khoya, (since dead), Sunil Khoya, Krishna Oraon (appellant) and one unknown person came armed with dhauli, sword etc., and started abusing the informant in filthy languages and asked him to show his parents, whereupon, the informant went to the house, where his father and mother were sleeping, and when they came out, Krishna Khoya and one unknown person took his father towards back side of the house, at about 100 feet and Sunil and Krishna Oraon took his mother towards the eastern side of the house and they started assaulting them with sharp cutting weapons. Upon the alarm raised, some persons came, whereupon, the accused persons fled away. While fleeing away, all the four accused persons had assaulted and injured Baha Tigga and Ram Tigga. He saw the dead bodies of his father and mother with injuries caused by sharp cutting weapon. Upon the alarm raised, some persons came, whereupon, the accused persons fled away. While fleeing away, all the four accused persons had assaulted and injured Baha Tigga and Ram Tigga. He saw the dead bodies of his father and mother with injuries caused by sharp cutting weapon. He has stated that the occurrence had taken place due to the fact that the brother of Krishna Khoya was ill for the last fifteen days, and the accused persons alleged practice of witch craft against his parents. On the basis of fardbeyan of the informant, Dhurwa P.S. Case No.186 of 2007, corresponding to G.R. No.3101 of 2007, was instituted for the offences under Sections 302 / 34 of the Indian Penal Code, and Sections 3 and 4 of Prevention of Witch (Daain) Practices Act, and investigation was taken up. After investigation, the police submitted the charge-sheet against this appellant, showing the other two accused persons absconding. The main accused Krishna Khoya had been murdered after few days of the occurrence. 4. After commitment the case to the Court of Session, charge was framed against the sole accused for the offences under Sections 302 / 34 of the Indian Penal Code and Sections 3 and 4 of Prevention of Witch (Daain) Practices Act, and the upon the accused's pleading not guilty and claiming to be tried, he was put to trial. The prosecution has examined seven witnesses in the case, including the I.O. and the Doctor, who had conducted the post-mortem examinations on the dead bodies of both the deceased. No evidence was adduced by the defence. 5. P.W.-1 Fagu Tigga is the only eyewitness to the occurrence as also the informant of the case. Though this witness has supported the prosecution case in his examination in chief, but he could not stand the test of cross-examination. He has stated in his examination-in-chief that in the night of 23.08.2007 at about 10.00 P.M., while he was sleeping in his house, the accused persons including this appellant came and asked about his father and mother. He took the accused persons to the house, where his father and mother were sleeping and their other three sons were also sleeping with them. As soon as his father and mother came out, all the four accused persons started assaulting them, upon which, he fled away towards the village raising the alarm. He took the accused persons to the house, where his father and mother were sleeping and their other three sons were also sleeping with them. As soon as his father and mother came out, all the four accused persons started assaulting them, upon which, he fled away towards the village raising the alarm. He returned back along with Manoj Tigga, Ram Tigga and Ram Das Tigga and saw the dead bodies of his father and mother with bleeding injuries. He has stated that while the accused persons were fleeing away, they had assaulted and injured Baha Tigga and Ram Tigga also. The occurrence had taken place due to the fact that the brother of the accused was ill for the last fifteen days, and alleging practice of witchcraft by his parents, they were murdered. He has stated that he had given the fardbeyan before the police, on which, he had put his signature. He has identified his signature on the fardbeyan and he has also identified his signatures on the inquest reports of the dead bodies, which were marked Exts. 1, 1/a and 1/b respectively. In his cross-examination, however, this witness has broken-down and could not stand the test of cross-examination. He has stated that he has named the accused Krishna Oraon as he is his co-villager and he has also clearly stated that this accused was not involved in the occurrence. 6. P.W.-2 Lalita Tigga is the wife of the informant and though she has supported the case stating that the accused persons had came to her house armed with deadly weapon, but she is not an eyewitness to the occurrence, and she has admitted in her cross-examination that she had not gone to the house of her mother-in-law. 7. P.W.-4 Ram Tigga and P.W.-5 Manoj Tigga are the hearsay witnesses, who had reached the place of occurrence after the occurrence, and they claimed to have been informed about the occurrence by the informant. Though P.W.-4 Ram Tigga is the same person, about whom it is stated that he was also assaulted and injured by the accused persons, but he has not stated anything about the assaults made upon him. 8. P.W.-3 Vishu Tirky has not stated anything about the occurrence. He is only the witness to the inquest reports, upon which he had put his thumb impression. 9. P.W.-7 is Dr. 8. P.W.-3 Vishu Tirky has not stated anything about the occurrence. He is only the witness to the inquest reports, upon which he had put his thumb impression. 9. P.W.-7 is Dr. Chandra Sekhar Prasad, who had conducted the post-mortem examinations on the dead bodies of both the deceased on 24.8.2007, and had found several incised wounds on both the dead bodies, which were the cause of death of both the deceased. He has also proved the post-mortem reports, which were marked Exts. 8 and 8/1 respectively. 10. P.W.-6 Mahadeo Ram is the I.O. of the case, who has proved the necessary documents in this case, i.e., fardbeyan, the FIR, the inquest reports etc., and has stated about the investigation made by him. 11. The statements of the accused was recorded under Section 313 of the Cr.P.C., wherein, he has denied the evidence against him. No evidence was adduced by the defence. On the basis of the evidence on record, the sole appellant has been convicted and sentenced for the offences as aforesaid. 12. Learned senior counsel for the appellant has submitted that the impugned Judgment of conviction and Order of sentence passed by the Trial Court below cannot be sustained in the eyes of law, in view of the fact that the only eyewitness to the occurrence, P.W.-1 Fagu Tigga, the son of both the deceased, though he has supported the prosecution case, but he has clearly stated in his cross-examination that this accused was not involved in the occurrence. He has also changed the manner of the occurrence, as though in the FIR, it is stated that two accused persons had taken his father towards one side of the house and the other two accused persons had taken his mother towards other side of the house and had assaulted them, but in his evidence, he has stated that as soon as both the deceased came out of the house, they were assaulted by all the four accused persons jointly, and to cap all, he has stated in his cross-examination, that this accused was not involved in the occurrence. It is further submitted by learned senior counsel that though in the evidence of the informant himself, it has come that his other three brothers were also sleeping in the same house, in which, both the deceased were sleeping, but those sons of the deceased have not been examined in this case. The other witnesses are not the eyewitness to the occurrence. It has also been submitted that though it is stated that Ram Tigga and Baha Tigga were assaulted by the accused persons while there were fleeing away, but Ram Tigga, who has been examined as P.W.-4, has not stated anything about the assaults made upon him. Learned senior counsel accordingly, submitted that the prosecution has failed to bring home charge against the appellant beyond all reasonable doubts. 13. Learned counsel for the State has opposed the prayer and has submitted that the prosecution has been able to bring home charge against the appellant beyond all reasonable doubts, in as much as, P.W.-1 Fagu Tigga, who is the son of both the deceased, has fully supported the prosecution case as eye witness in his examination-in-chief. His ocular evidence is also fully corroborated by the medical evidence of P.W.-7 Dr. Chandra Sekhar Prasad and the post-mortem reports proved by him as Exts. 8 and 8/1. Learned counsel accordingly, submitted that there is no illegality in the impugned Judgment of conviction and Order of sentence passed by the Trial Court below. 14. Having heard learned counsels for both the sides and upon going through the record, we find that there is only one eyewitness to the occurrence, who is P.W.-1 Fagu Tigga. Though, this witness has supported the prosecution case in his examination in chief, but he has clearly stated in his evidence that this accused was not involved in the offence. He has also stated that the other three sons were also sleeping along with the deceased, but those sons, who could be the eyewitnesses to the occurrence, have not been examined by the prosecution. Even P.W.-4 Ram Tigga, who is said to have been assaulted and injured by the accused persons while fleeing away, has also not stated anything about any assault made upon him by any of the accused. Even P.W.-4 Ram Tigga, who is said to have been assaulted and injured by the accused persons while fleeing away, has also not stated anything about any assault made upon him by any of the accused. In the facts of this case, we are of the considered view that the prosecution has failed to bring home charge against the appellant beyond all reasonable doubts, and even though the prosecution case is supported by P.W.-1 Fagu Tigga in his examination-in-chief, the appellant was entitled at least to the benefits of doubt, in view of his admission in his cross-examination that this accused was not involved in the occurrence. As such, the impugned Judgment of conviction and Order of sentence passed by the Trial Court below, cannot be sustained in the eyes of law. 15. For the foregoing reasons, the impugned Judgment of conviction dated 19.11.2014 and Order of sentence dated 24.11.2014, passed by the learned Additional Judicial Commissioner-XIII, Ranchi, in S.T. No. 09 of 2008, convicting and sentencing the appellant Krishna Oraon for the offences under Sections 302 / 34 of the Indian Penal Code, and Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act, are hereby, set-aside. Consequently, the appellant is given the benefits of doubt and he is acquitted of the charge. The appellant Krishna Oraon is in jail custody, undergoing the sentence. He is directed to be released and set at liberty forthwith, if his detention is not required in any other case. 16. This appeal is accordingly, allowed. Let the Lower Court Records be sent back to the Court concerned forthwith, along with a copy of this Judgment. Appeal allowed