Inconsistencies in witness testimonies and lack of proven medical evidence can lead to the acquittal of the accused.

Gopal Prasad, J.

Heard the learned counsel for the appellants and the State.

2. These three appeals arise out of same judgment and order of conviction and sentence, recorded by the Additional Sessions Judge, Muzaffarpur, in Sessions Trial No. 782 of 2005, disposed off by order, dated 16.12.2013.

3. The appellants have been convicted under Sections 147 and 326 of the Penal Code and sentenced to undergo simple imprisonment for two years for offence under Section 147 of the Penal Code and seven years rigorous imprisonment for offence under Section 326 of the Penal Code with a fine of rupees one thousand each and in default of payment of fine further to undergo rigorous imprisonment for six months. However, it has been ordered that all the sentences shall run concurrently. The appellants have further been convicted for offence under Section 341 of the Penal Code, however, no separate sentence for offence has been awarded.

4. The prosecution case, as alleged in the first information report by the informant, Sumitra Devi, P.W. 4, that on 26.07.2004 at about 04.00 p.m. while she was returning to her home at Jhapha Chowk, Bajrangbali Asthan and reached at the house of Basudeo Paswan, near Panker tree, wives of Mahesh Paswan, Shankar Choudhary and Prahlad Choudhary and about 50-60 ladies of Kamakhya Sangh and local Mukhiya surrounded her, dragged her from tempo and threw her on the ground and abused and assaulted by slaps and fists and in the meantime, Niki Ram, Mukhiya, commanded and abated to throw acid on her face. On his command, Raj Kumari Devi armed with a bottle of acid in her hand and wife of Basudeo, Mahesh and Shanker threw the victim on ground poured acid on her chest and private part by which she got injury. The, further, case is that Raj Kumari Devi demanded a scissor and cut her hair and snatched rupees one thousand from her anchal. The, further, case is that her son Bimal Choudhary and daughter-in-law, Sumitra Devi, daughter Nanhi Kumari and younger son, Garib Nath came for rescue. They were also assaulted by slaps and fists.

5. On information, the police came and took her for treatment. The occurrence took place on 26.07.2004, but, the fardbeyan was recorded on 28.07.2004 in the Sri Krishna Medical College and Hospital, Muzaffarpur. After lodging the first information report the investigation proceeded, the charge sheet submitted, case committed to the Court of session’s and charge framed for offence under Sections 307, 354, 379 and 341 of the Penal Code as well as under Sections 147, 324 and 326 of the Penal Code.

6. During the trial, six witnesses were examined, who are P.W. 1, Sumitra Devi, the daughter-in-law of the informant, P.W. 2, Garib Nath Choudhary, the son of the informant, P.W. 3, Binda Kumari, the daughter of the informant, P.W. 4, Sumitra Devi, the informant, P.W. 5, Bimal Choudhary, the son of the informant, and P.W. 6, the doctor, who has formally proved the discharge certificate of the victim from the Sri Krishna Medical College and Hospital, Muzaffarpur.

7. The trial Court, taking into consideration the evidence of witnesses, acquitted the appellants of charge under Section 307 of the Penal Code, but, the convicted the appellants for charge under Section 326 of the Penal Code and, further, convicted under Sections 147, 341 and 326 of the Penal Code holding that there was enmity with the informant and Ambika Ram @ Niki Ram, Mukhiya, who abated and, further, Sumitra Devi has filed a rape case against Ambika Ram @ Niki Ram and Basudeo and the informant has filed a case against Ambika Ram @ Niki Ram in connection with a house under Indira Awas Yojna and so there is enmity and Raj Kumari Devi has alleged illicit relation of her husband against the informant and so has motivated the ladies of Kamakhya Sangh to take action against the informant and this led to the occurrence and taking into consideration the evidence convicted the appellants, as mentioned above.

8. The learned counsel for the appell