Credible eyewitness testimony, corroborative medical evidence, and material witnesses are crucial in establishing guilt in criminal cases.

JUDGMENT :

The instant criminal appeal has been filed by the appellant/convict namely Awadhesh Kumar Jha @ Awadhesh Jha against the judgment impugned dated 12.04.2018 convicting the appellant and order dated 12.04.2018 sentencing the appellant by the Court of 1st Additional District and Sessions Judge, Sheohar in Sessions Trial No. 597/2010.

2. By the impugned judgment the appellant has been convicted for the offences punishable under Sections 307, 326, 324, 447 and 341 of the Indian Penal Code (in short I.P.C.) and he has been sentenced to undergo rigorous imprisonment for ten years under Section 307 of I.P.C., further ten years of rigorous imprisonment under Section 326 of I.P.C. with a fine of Rs. 50,000/-, rigorous imprisonment for three years under Section 324 of I.P.C., rigorous imprisonment for three months under Section 447 of I.P.C. and simple imprisonment for one month under Section 341 of I.P.C. and all these sentences of imprisonment have been directed by convicting trial Court to run concurrently. The trial Court directed that the appellant will have to undergo simple imprisonment for two months in the event of default in payment of fine.

3. It is here relevant to mention that the co-accused namely Ram Bali Sahani, did not appear before the trial Court hence he was declared absconder and trial of the appellant was taken up and he was convicted for the above-mentioned offences and the instant appeal is in respect of one accused namely Awadhesh Kumar Jha @ Awadhesh Jha, who has been convicted and sentenced.

4. The substance of the prosecution's case is as follows :

As per the Fardbeyan of the informant, on 15.04.2010 she was asleep with her family members and in the night at about 1:30 – 2:00 A.M. her daughter aged 9 years went outside of her house with her after opening the door of her house in order to attend a call of nature and after relieving, she and her daughter came into the courtyard of their house and sat there for a while, as at that time there was scorching heat and then the accused persons namely Awadhesh Kumar Jha @ Awadhesh Jha and Ram Bali Sahani and three other suddenly entered into the courtyard of their house and at that time the accused/convict Awadhesh Kumar Jha @ Awadhesh Jha was having a bottle in his hand and all the accused persons started abusing her husband which was objected by her then the accused Awadhesh Kumar Jha @ Awadhesh Jha opened the said bottle and poured it over her and thereafter co-accused Ram Bali Sahani took out a bottle from his pocket and poured the same over the body of her daughter and then she and her daughter started screaming on account of burning of their body and after that her husband came out and then the accused persons snatched anklet (payal) from her daughter's leg and thereafter her co-villagers gathered on hearing halla (noise) and after that her husband took her and her daughter to S.K.M.C.H (medical College), Muzaffarpur for medical treatment.

5. On the basis of above-mentioned Fardbeyan of the informant, Tariyani P.S.Case No. 56/2010 was registered under Sections 307, 324, 379, 447 and 341 of I.P.C. which set the criminal law in motion and the investigation was started and after that investigation the chargesheet was submitted and cognizance of the alleged offences was taken by the concerned Judicial Magistrate and thereafter the matter was committed to the Court of Sessions for trial.

6. The appellant was charged for the offences punishable under Sections 307/34, 326/34, 324/34, 341/34, 447/34, 379/34 and 504/34 and the said charge of different heads was explained to him by the trial Court to which the appellant pleaded not guilty and claimed for trial.

7. During the trial, the prosecution produced the following ten witnesses and examined them as under :-

P.W. 1 – Bachchi Devi (eye-witness/informant)

P.W. 2 – Ram Dulari Devi (Hearsay witness/Mother-in-law of the informant)

P.W. 3 – Tejan Sah (eye-witness/father-in-law of the informant)

P.W. 4 – Bilash Ram (Hearsay w