The consistent and trustworthy testimonies of eyewitnesses, supported by medical evidence, are crucial in establishing guilt beyond reasonable doubt in a murder case.

JUDGMENT :

RAJIV ROY, J.

1. The present appeal is directed against the judgment and order dated 08.05.2017 and 22.05.2017 passed by the learned Additional Sessions Judge-X, Saran at Chapra in Sessions Trial No. 575 of 2014 (arising out of UT No. 168/2013 in connection with Bheldi P.S. Case No. 168 of 2013) by which the appellant was convicted under sections 302/34 of the Indian Penal Code and was sentenced to undergo Rigorous Imprisonment for life and fine of Rs. 25,000/- under section 302/34 of the Indian Penal Code and in default of payment of fine, further imprisonment of six months and was further convicted under section 27 of the Arms Act and sentenced to undergo imprisonment of three years. The sentences were to run concurrently.

2. First Information Report was registered on 11.09.2013 by the informant, Shiv Kumari Devi wife of Yadunath Sah (deceased) alleging that while her husband was returning home and had reached near an orchard of Hazari Singh, at about 17:30 hours, the accused persons, namely, Rajdeo Singh (the appellant herein), Rajnath Singh, Pukar Mahto, Kartik Mahto and Rudal Mahto came there on two motorcycles, intercepted and started assaulting him.

3. The further allegation is that when her husband tried to run away, the appellant herein took out a pistol and fired upon him causing injury on his waist. Thereafter, another accused, Rajnath Singh opened fire causing injury in the mouth of the husband of the informant who fell down and died on the spot. On hearing the sound of firing, people rushed towards the place of occurrence whereafter she alleged that accused fled away.

4. This led to registration of Bheldi P.S. Case No. 168 of 2013 for the offence registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act against the accused persons.

5. The postmortem of the deceased, Yadunath Sah was conducted by Dr. Vijay Kumar, who was posted as Medical Officer, Sadar Hospital Chapra on 12.09.2013 at 8:30 A.M. and found following injuries:

“12. PW-6 is doctor Vijay Kumar. He has stated in his examination in chief that on 12.9.2013 he was posted at Sadar hospital, Chapra as Medical Officer and on that day he conducted the post mortem examination on the dead-body of Yadunath Sah aged about 60 years S/o Late Balendra Sah of Village Nawada Kothi, P.S. Bheldi, District Saran at about 8.35 a.m. and found the following ante mortem and post mortem finding upon his dead-body.

External Injuries:

(i) Lacerated wound over left lower back wound is oval and under terminal and the skin around the wound was charred size 1/3” long x 1/2” breadth x cavatiy deep. This is the entry wound.

(ii) Lacerated wound over left angle of mouth wound is round under terminal and skin around the wound is charred, size 3/4” long 3/4” breadth and bone deep depth.

On dissection:

(i) On dissection of wound over left lower back depth of wound entry accordingly skin superpaveers fact beneath the muscle peritonious preforated small intestine, spleen and space moved, present left lung ruptrurted and huge blood clot present in chest cavity.

Heart:

(i) Spece moved through left venticle to left artrium, ribs fractured, fourth lower vastal region is mid auxilliary line, left side intercostal muscle rvptured. Fat on left side of the chest in mid auxiliary line region was fourth fifth intelcostal space.

(ii) Dissolution wound over left angle of mouth invaded though skin of supervanous fat muscle upto bone deep.

Mandible:

Angle of left side of mandible fractured rupture of mouth line, lacerated wound present in tongue. Bullet lodged in angle of mandible, left side two bullets found and preserved for further need.

Injuries opinion cause of death:

The cause of death was due to hemorrhage and shock caused by fire arm injuries. Time since death to post mortum within 16 to 18 hours.”

6. The police investigated the matter and thereafter submitted charge she