The central legal point established in the judgment is the requirement for the prosecution to prove the guilt of the accused beyond reasonable doubt, the importance of credible and consistent evidence, and the impact of deliberate concealment of facts on the credibility of the prosecution's case.

(Per: HON’BLE MR JUSTICE NAVANITI PRASAD SINGH)

1. These two appeals arise from Sessions Trial No 125 of 1985/120 of 1988 whereunder by judgment and order dated 31.07.1992, all the appellants of the two appeals have been found guilty under sections 302/149 of Indian Penal Code (IPC) and sentenced to life imprisonment by the Additional Sessions Judge I, Muzaffarpur.

2. It may be noticed here that 14 persons were put on trial out of which only six have been convicted and the rest have been acquitted on the same evidence. It may also be noticed that right from the beginning that is from the stage of Fardbayan, 14 persons have been named and they had been chargesheeted as well but the trial Court found the prosecution of eight persons to be misconceived and lacking in evidence though the evidence is the same for all.

3. We have heard the learned counsels for the appellants and learned APP Shri Ajay Mishra for the State at length and perused the records. The prosecution case is based upon a Fardbayan recorded at about 10 pm on 12.03.1984 by the Assistant Sub Inspector (ASI) of Police, Kanti Police Station (PS) Shashi Nath Jha who is also the Investigating Officer (IO) (PW 10). This Fardbayan is recorded at the house of the informant Tej Narayan Prasad (PW 7). It is, inter alia, alleged that the informant alongwith others including the deceased Deep Narayan Prasad, who was his cousin, were having tea at two adjacent tea stalls. Appellant Yashwant Prasad was also there having tea. Some quarrel started between appellant Yashwant and deceased Deep Narayan Prasad. Informant and others allegedly pacified the two. Appellant Yashwant went to his village threatening Deep Narayan Prasad, the deceased. Later when informant and deceased Deep Narayan Prasad and others were moving towards their village from tea stall, they found appellant Yashwant with other appellants waiting on the road side. They were armed with bhala, farsa and lathis. It is specifically mentioned that appellant Yashwant was carrying a “Lukiari” (Mashal – fire lit torch). They singled out Deep Narayan Prasad. He was assaulted and killed. The informant and others ran away and when they came to their village, they found a hut near the informant’s house burning and the people there disclosed that it had been lit by appellant Yashwant. It was also alleged that some of these appellants took away the two cycles of the informant and deceased Deep Narayan Prasad.

4. Upon this Fardbayan being recorded, police took the charge of the body of Deep Narayan Prasad, the deceased from the Sadar Hospital, Muzaffarpur and after investigating the case, police filed a chargesheet against 14 persons who were put on trial. Cognizance, having been taken, the case was committed to Court of Session where charges under different heads were framed. Firstly, all the 14 were charged under Sections 302/149 of IPC. Yashwant was charged separately under section 435 of IPC and all 14 were separately charged under Section 379 of IPC. Appellant Satya Narain Prasad was separately charged under Section 323 of IPC. It may be noticed that the charges under Sections 435 and 379, IPC were ultimately found unsustainable.

5. In course of trial, prosecution examined 12 witnesses and the defence also examined six witnesses.

6. The prosecution case was that there being an altercation at the tea stall as between appellant Yashwant and Deep Narayan, Yashwant planned to kill Deep Narayan, the deceased. The defence was that the incident had been totally falsified in all respects. Deceased Deep Narayan Prasad and the informant Tej Narayan Prasad (PW 7), though cousins, were on inimical terms. Informant Tej Narayan Prasad (PW 7) was the son of late Bahadur Prasad from his first wife. Bahadur Prasad had married thrice, the last being Panwati Devi. Bahadur Prasad, in the year 1980, had gifted certain lands to Panwati Devi. He died thereafter. Panwati Devi sold some of those lands to appellant Yashwant Prasad and severa