IMPORTANT POINT
In an appeal against acquittal High Court is not bereft of powers to re-access evidence and reach its own conclusion.

JUDGMENT (ORAL)

Chakradhari Sharan Singh, J.—This criminal appeal under Section 372 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) is directed against the judgment of acquittal date 18.09.2019 passed the learned Presiding Officer Fast Track Court-II, Sasaram at Rohtas in Sessions Trial No. 649 of 2013, arising out of Kargahar (Barhari) P.S. Case No. 135/2013. By the impugned judgment of the trial court the private respondent nos. 2 to 11 have been acquitted of the charges punishable under Sections 147, 148, 307/149, 302/149 of the Indian Penal Code and Section 27 of the Arms Act.

2. We have heard Mr. Amit Narayan and Mr. Nagendra Prasad, learned counsel for the appellant and Mr. Ajay Mishra Leaned Additional Public Prosecutor for the State.

3. The appellant is the son of the deceased and is, therefore, a victim within the meaning of Section 2 (wa) of the Cr.P.C.

4. A fardbeyan of PW-6, Ram Niwas Singh recorded by Sub-Inspector of the Police (PW-8) on 03.06.2013 at 03:15 P.M. is the basis for registration of FIR. According to the fardbeyan, an altercation had taken place a day prior to the date of occurrence i.e. 02.06.2013 on the point of filling a small irrigation channel (karha) by respondent No. 2 which was objected to by one Laxman Singh reacting to which the respondent No. 2 is said to have warned him that he would give him a befitting reply on the next date.

5. On the date of occurrence i.e. 03.06.2013, a Panchayat was convened at 11:00 am for resolving the issue. However, respondent no. 2 summoned his relatives and others, who came with a JCB machine and were armed with various weapons and started filling up of the (karha) despite resistance. They also opened fires. The victim, it is said, attempted to persuade them but accused Bahadur Singh and Shri Bhagwan Singh shot at the deceased on the left side of his neck with a rifle. Vinod Singh shot at Krishna Kumar (another deceased) with a rifle licensed in the name of his uncle Panchanand. Thereafter, Mukesh Kumar, respondent no. 4, respondent no. 5, respondent no. 6 respondent no. 7, respondent no. 8, respondent no. 9, respondent no. 10 and respondent no. 11 fired at the informant and others as well as on the police which had reached on receiving information and fled away.

6. It is noted at this juncture that the accusations of firing leading to death of the deceased persons in the FIR was against co-accused Shree Bhagwan Singh and Vinod Singh who were not facing trial in the aforesaid Sessions Trial No. 649 of 2013.

7. The police upon completion of investigation submitted its charge-sheet against private respondent nos. 2 to 11 and others for the offences punishable under Sections 147, 148, 149, 307, 302/149 of the IPC and Section 27 of the Arms Act whereupon cognizance was taken on 09.11.2013 and the case was committed to the learned Court of Sessions by an order dated 29.11.2013. Charges were framed, thereafter, by the trial court for the offences punishable under Sections 147, 148, 307, 149, 302/149 of the IPC and Section 27 of the Arms Act.

8. At the trial the prosecutions examined eight witnesses and exhibited seven documentary evidence. After closure of the evidence of the prosecution’s witnesses, statements of the persons put to trial were recorded by the trial court under Section 313 of the Cr.P.C.. They denied all the circumstances which according to the Court were appearing against them, based on the evidence of the prosecution’s witnesses.

9. No evidence was adduced on behalf of the defence.

10. The trial court has recorded acquittal of the private respondent nos. 2 to 11 on the ground, interalia, that the prosecution failed to establish the place of occurrence. Further, according to the prosecution’s case, the shots were fired from the terrace which had hit the deceased persons, who died in the occurrence. The Investigating Officer (PW-8) in his evidence, however, denied that any witness had disclosed this fact to him during the course