The importance of prompt lodging of FIR, credibility of witnesses, and the presumption of innocence in favor of the accused were central legal principles established in the judgment.

JUDGMENT :

Ashwani Kumar Singh, J.

Respondent Nos. 2 to 4 were tried in Sessions Trial No. 153 of 2015 arising out of Barhara P.S. Case No.71 of 2014 in the Court of Sessions Judge, Bhojpur, Ara for having committed an offence punishable under Section 302/34 of the Indian Penal Code (for short ‘IPC’) and were acquitted of the charges levelled against them vide judgment dated 22.09.2017. The informant being a victim in terms of Section 2(wa) of the Code of Criminal Procedure (for short ‘Cr.P.C’) has challenged the judgment of acquittal in the present appeal filed under proviso to Section 372 of the Cr.P.C.

2. The First Information Report (for short ‘FIR’) of Barhara P.S. Case No. 71 of 2014 dated 26.04.2014 was registered under Section 302/34 of the IPC on the basis of oral statement of the informant (appellant) Yogendra Rai recorded on 26.04.2014 at 5:40 a.m. in Sadar Hospital, Ara by Jahangir Ansari, S.H.O., Barhara Police Station.

3. In his oral statement, the informant stated that on 25.04.2014 at 5:30 p.m. his father Kesho Rai had gone to Sabalpur market near the bus stand for purchasing vegetables. At that time, he was also present in the market. At about 5:35 p.m. Dhurkheli Rai, Raj Kumar Rai, Pardeshi Rai and Guddu Rai, all residents of village Sabalpur Gangauli, P.S. Barhara, District- Bhojpur, who were also present in the market, suddenly attacked upon his father. Dhurkheli Rai repeatedly struck with fasuli on neck, shoulder and arms of his father causing a number of injuries. Raj Kumar Rai gave farsa blow to his father and Pardeshi Rai and Guddu Rai also assaulted his father. When he and his family members tried to save Kesho Rai, the accused persons namely, Kamta Rai, Bideshi Rai, Raj Bahadur Rai, Vishwanath Rai, Deo Muni Rai, Deepak Rai and Ram Jeet Rai, who were armed with lathi and danda, chased them away. He has further stated that with the help of villagers he took his father to Mani Chhapra Hospital from where his injured father was referred to Sadar Hospital, Ara. While undergoing treatment at Sadar Hospital, Ara, his father died at 10:00 p.m. He has attributed the motive for causing murder of his father to be the pending land dispute with the accused persons, namely, Deo Muni Rai, Kamta Rai, Kamla Rai and Vishwanath Rai before Court in which decision was expected in favour of the deceased.

4. After recording the oral statement of the informant, the S.H.O. Jahangir Ansari registered the FIR and took up investigation of the case himself. In the FIR, altogether 13 accused persons, namely, Dhurkheli Rai, Raj Kumar Rai, Pardeshi Rai, Guddu Rai, Sri Ram Rai, Sanjeet Rai, Kamta Rai, Bideshi Rai, Raj Bahadur Rai, Vishwanath Rai, Deo Muni Rai, Deepak Rai and Ramjeet Rai were named.

5. On completion of investigation, he submitted charge-sheet in the case. He found the case true against the accused Dhurkheli Rai, Raj Kumar Rai, Pardeshi Rai, Bideshi Rai and Deo Muni Rai. During investigation, culpability of the remaining FIR named accused persons was not found true. Hence, they were not sent up for trial.

6. On perusal of the police report submitted under Section 173(2) of the Cr.P.C, the learned A.C.J.M., Bhojpur, Ara took cognizance of the offence punishable under Section 302/34 of the IPC against Dhurkheli Rai, Deo Muni Rai, Raj Kumar Rai, Pardeshi Rai and Bideshi Rai.

7. After complying with the statutory requirements of Section 207 of the Cr.P.C, the learned A.C.J.M., Bhojpur, Ara committed the case to the Court of Sessions for trial.

8. Since the accused Deo Muni Rai died prior to framing of charge, his name was deleted from the array of accused persons. The remaining chargesheeted accused persons were charged under Section 302/34 of the IPC. As they did not plead guilty and claimed to be tried, the trial commenced.

9. In order to substantiate its case, the prosecution examined nine witnesses. They are P.W.1 Muku Rai (