IMPORTANT POINT
The prosecution must establish charges beyond reasonable doubt, and contradictions in witness testimony and failure to seize crucial evidence can lead to the acquittal of the accused.

JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

1. The appellants have preferred these appeals under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction dated 30.06.2015 and the order of sentence dated 04.07.2015 passed by the learned ad hoc Additional Sessions Judge-I, Bhagalpur, in Sessions Trial No. 342 of 2014/T.R. No. 527 of 2014 arising out of Bhagalpur Kotwali (Vishwavidalaya) P.S. Case No. 675 of 2013, whereby and whereunder the appellants have been convicted and sentenced as under:

2. The fardbeyan of the wife of the deceased Rani Devi recorded by Station House Officer of Lalmatia Police Station on 11.11.2018 at about 7:30 am at the house of the deceased is the basis for the registration of Bhagalpur Kotwali (Vishwavidalaya) P.S. Case No. 675 of 2013 at 10:30 am on the said date. The informant alleged in her fardbeyan that on the date of occurrence at about 5:00 am when she and her husband Ramdev Yadav (the deceased), as usual, opened the door of their house, the accused persons, namely (i) Raja Yadav, (ii) Ranjit Yadav (iii) Piko Yadav all sons of Sikandar Yadav, (iv) Sikandar Yadav and Raju Yadav (Son-in-law of Sikandar Yadav) who were waiting outside to ambush suddenly entered into their house variously armed with deadly weapons and started firing upon her husband Ramdev Yadav (the deceased), consequent upon which he died on the spot. After committing the offence the accused persons left the place issuing threats. Upon hearing the sound of gunshots, the informant’s son Bikram Yadav and Lalu Yadav also came who saw the accused persons fleeing away from the place of occurrence after having committed the crime.

3. The police upon completion of the investigation submitted charge-sheet against the accused persons for the offence punishable under Sections 302/34 of the Indian Penal Code and after cognizance was taken, the case was committed to the court of Sessions for trial.

4. It is noteworthy that the said Bhagalpur Kotwali (Vishwavidalaya) P.S. Case No. 675 of 2013 gave rise to two trials i.e. Sessions Trial No. 342 of 2014/T.R. No. 527 of 2014, against the accused persons Raju Yadav, Sikandar Yadav and Piko Yadav and, Sessions Trial No. 448 of 2015/Trial No. 213 of 2018 against the accused Raja Yadav. Co-accused Ranjit Yadav remained elusive at the investigation and the trial. Whereas, by the impugned judgment in the present set of appeals, the appellants came to be convicted by the trial court for the commission of the offences punishable under Sections 302/34 of the IPC and Section 27 of the Arms Act, in the other trial i.e. Trial No. 213 of 2018 co-accused Raja Yadav has been acquitted of the charge by a judgment and order dated 20.05.2019 passed by learned 7th Additional District and Sessions Judge, Bhagalpur in Sessions Trial No. 448 of 2015/2013/2018. An appeal has been preferred by the informant against acquittal of Raja Yadav giving rise to Criminal Appeal (DB) No. 448 of 2015. Though, all these appeals and the said Cr