The central legal point established in the judgment is the principle of 'benefit of doubt', which led to the acquittal of the appellants due to the cloud of doubt surrounding the prosecution's case.

RAKESH KUMAR, J.

Three appellants have preferred this appeal under Section 374(2), read with Section 389 of the Code of Criminal Procedure, 1973 against the Judgment of conviction and order of sentence dated 31st May, 1993 passed by Sri R.A.Singh, learned 6th Addl. Sessions Judge, Siwan in Sessions Trial No.29 of 1990 arising out of Bhagwanpur Hat P.S. Case No.69/89. By the said Judgment of conviction and order of sentence, all the three appellants were held guilty and convicted for offence under Section 302/34 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for life.

2. Short fact of the case is that on 25.07.1989 at about 10.30 A.M., the Officer Incharge of Bhagwanpur Hat Police Station recorded fardbeyan of Sawalia Kumar Singh (brother of the deceased). The said fardbeyan was recorded near the door of the informant in the village Dharmraj, Police Station-Bhagwanpur, District-Siwan. In the fardbeyan, the informant disclosed that on 24.07.1989 at about 6.30 P.M., when he along with his brother Shailesh Singh was present near his door, he noticed that Janak Mahto (appellant No.3) of the same village came and he went towards eastern side up to Braham Asthan. Thereafter, he returned back and entered into the house of Bali Ram Singh (appellant no.1). Subsequently, the informant’s brother Shailesh Singh (deceased) went towards pokhar side (pond) for attending call of nature. Immediately thereafter, all the three appellants also went to pokhar side. After some time, the informant heard cry of his brother Shailesh Singh “Bhaiya Bhaiya Dauro”. After hearing the sound of his brother, the informant went towards the sound of cry and saw that aforesaid three appellants were fleeing away. However, he could not find his brother. Thereafter, one Bachchu Singh(P.W.1) of village-Sughari came running from northern side and told that all the appellants were fleeing away towards northern side and he asked as to who was crying “ Bhaiya Bhaiya”, which was replied by the informant that it was sound of his brother Shailesh, who had gone to attend call of nature. Number of persons arrived there and tried to find out his brother in the bushes and water logged field, but his brother could not be traced out and he returned back to his house, where his mother Kamlawati Devi (P.W.3) told that all the aforesaid three accused persons were assaulting Shailesh and this occurrence was seen by her from her roof. He was asked by his mother to go and search. Thereafter, again the informant with others went to search for his brother Shailesh Singh. In the next morning at about 7.00 A.M. the dead body of Shailesh was found floating in the northern bank of pokhar(pond). He claimed that all the appellants had killed his brother and thrown him in the water. After recording fardbeyan on 25.07.1989 at 10.30 A.M., a formal F.I.R. was drawn on the same day at 1.00 P.M. vide Bhagwanpur Hat P.S. Case No.69/89 registered for the offence under Section 302/34 of the Indian Penal Code.

3. After lodging F.I.R., Sri Bipin Bihari Sharan, Officer Incharge of Bhagwanpur Hat Police Station himself took up investigation and after completion of investigation, on 10.10.1989 chargesheet was submitted against all the three appellants. Subsequently, on 15.11.1989 cognizance order was passed and after cognizance order was passed on 15.03.90 the case was committed to the court of Sessions and, as such, it was numbered as Sessions Trial No.29/1990. On 11.04.1990, charges were framed against all the three appellants for the offence under Section 302/34 of the Indian Penal Code. Since the appellants denied the charges and claimed to be tried, the prosecution to prove its case examined altogether 11(eleven) witnesses. Out of 11 witnesses, Bachchu Singh (P.W.1), Kamlawati Devi (P.W.3- mother of the deceased), Sawalia Kumar Singh(P.W.4- informant of the case) and Nand Kishore Singh (P.W.5) were examined as eye witnesses to the occurrence, whereas Ram B