IMPORTANT POINT
The prosecution must establish the guilt of the accused beyond reasonable doubt, and flaws in the T.I. Parade, lack of evidence, and inconsistencies in witness testimonies can undermine the prosecution's case.

JUDGMENT :

Sudhir Singh, J.

Heard the learned counsels for the appellants and learned counsel for the State.

2. The criminal appeals arise out of common judgment dated 09.01.2018, hence they have been heard together and are being disposed of by this common judgment.

3. Criminal Appeal (DB) No.157 of 2018, Criminal Appeal (DB) No.323 of 2018 and Criminal Appeal (DB) No.324 of 2018 have been preferred against the judgment of conviction dated 09.01.2018 and the order of sentence dated 16.01.2018 passed by Shri Rabindra Mani Tripathi, Fast Track Court No.2, Sasaram, Rohtas in Sessions Trial No.501 of 2013 arising out of Kargahar P.S. case No.99 of 2013, whereby and whereunder the appellants have been convicted under Sections 396 and 412 of the Indian Penal Code (referred to ‘I.P.C.’). Appellant Ujjain Choudhary has been sentenced to undergo rigorous imprisonment till death under Section 396 of I.P.C. and undergo rigorous imprisonment for life under Section 412 of I.P.C. Appellants Dadan Choudhary @ Dadan Nonia and Kanhaiya Choudhary have been sentenced to undergo rigorous imprisonment for life separately. Both the sentences have been directed to run concurrently.

Criminal Appeal (DB) No.347 of 2018 has been preferred by the appellant Sujeet Kumar Singh @ Sujeet Singh (informant of Kargahar P.S. case No.99 of 2013) against the judgment and order (in part) dated 09.01.2018 and 16.01.2018 passed by Shri Rabindra Mani Tripathi, Fast Track Court No.2, Sasaram, Rohtas in Sessions Trial No.501 of 2013 arising out of Kargahar P.S. case No.99 of 2013, by which the learned trial Court acquitted the Respondent No.2 Vicky Kumar under Sections 396 and 412 of I.P.C.

4. The prosecution case, as per the fardbeyan of informant Sujeet Kumar Singh (PW3) recorded by Shri Shiv Shankar Prasad (PW8), S.H.O. Kargahar P.S. on 18.04.2013 at 14.30 p.m., is that on 18.04.2013 at 13.30 p.m. while the informant alongwith his brother, namely, Ajit Kumar Singh after withdrawing Rs.80,000/- from P.N.B., Kargahar proceeded to his village with Hero Honda motorcycle and when they reached near Nawadih river on Kargahar to Kumhila pukka road, in the meantime three miscreants came there on Pulsar motorcycle and two persons came on another motorcycle and surrounded the informant and demanded cash, but informant’s brother Ajit Kumar Singh refused to give cash, upon which one of the miscreants shot Ajit Kumar Singh, who fell down and thereafter the miscreants took cash of Rs.80,000/- from the pocket of the brother of the informant and they also took one Samsung mobile from the informant and thereafter the miscreants fled away with their motorcycles.

5. On the basis of aforesaid fardbeyan of the informant, formal F.I.R. was drawn up and Kargahar P.S. case No.99 of 2013 dated 18.04.2013 was registered under Section 396 of I.P.C. against unknown. The police after investigation submitted charge sheet against four accused persons besides pending investigation against some other unknown, whereafter cognizance was taken by the S.D.J.M. under Sections 396 and 412 of I.P.C. and thereafter the case was committed to the Court of Sessions. Charges were framed against the appellants to which the appellants pleaded not guilty and claimed to be tried.

6. During trial, the prosecution examined altogether eleven witnesses, namely, Ravindar Singh (PW1), Munna Kumar Singh (PW2), Sujeet Kumar Singh-informant (PW3), Gaya Singh (PW4), Umesh Singh (PW5), Lal Babu Rai (PW6), Chandan Singh (PW7), Shiv Shankar Prasad (PW8), Ganga Shankar Prasad (PW9), Ambika Prasad Singh (PW10) and Gaurav Kumar (PW11). In support of its case, the prosecution has also produced exhibits as Ext.1 (signature of informant on fardbeyan), Ext.1/1 (signature of Rajesh Singh on fardbeyan), Ext.1/2 (signature of PW8 Shiv Shankar Prasad on fardbeyan), Ext.1/3 (identification of signature and writing of Shiv Shankar Prasad on fardbeyan), Ext.2 (inquest report), Ext.3 (signature of Umesh Singh on seizure list of recovered mobile from