The prosecution failed to prove the charges against the accused beyond reasonable doubt, leading to their acquittal under IPC and SC/ST Act.

JUDGMENT :

(Per: HONOURABLE MR. JUSTICE JITENDRA KUMAR)

The present appeal has been preferred against the judgment dated 15.03.2023 passed by Ld. Additional Sessions Judge Ist -cum- Special Court (SC/ST) Madhubani in Trial Case No. 690 of 2022 arising out of Babubarhi P.S. Case No. 38 of 2018, corresponding to G.R. Case No. 304 of 2018, whereby all the accused, who are private Respondents herein, were acquitted of all the charges framed under Sections 302, 201, 364 read with Section 34 of the Indian Penal Code and Sections 3(2)(v)/3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989.

2. The prosecution case as emerging from the written report is that 25 years old Bipin Kumar, son of the informant has been missing since 9.00 PM on 13.02.2018. The informant did search at his level, but he was not traced. The Mobile No. 7903695126 was found closed. The informant expressed his apprehension that his son Bipin Kumar has been kidnapped by unknown persons and hence, informant requested the Police to take expeditious legal action in this regard.

3. On the written report of informant Ghanshyam Paswan, Babubarhi P.S. Case No.38 of 2018 was lodged against unknown persons for offence punishable under Section 363 of the Indian Penal Code.

4. After registration of the case, an investigation started and after investigation, charge-sheet bearing nos. 96 of 2018 and supplementary chargesheet bearing no.202 of 2018 were filed by the Police in the Court of Additional Chief Judicial Magistrate, Madhubani for offence punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code and Sections 3(2)(v)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989. Charge-sheet No. 96 of 2018 was filed against two FIR Accused, namely, Md. Mubarak and Khatiza Khatoon and charge-sheet no. 202 of 2018 was filed against Salauddin @ Sallu and Ehtesham and subsequently, cognizance of offence punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code and Sections 3(2)(v)/3(2)(va) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 was taken on 26.10.2018 by Ld. Magistrate against the charge-sheeted persons. After supplying the police papers to the Accused persons, the case was committed to the Court of Sessions.

5. Against all the accused persons, who are Appellants herein, charge was framed under Sections 302, 201 and 364 read with Section 34 of the Indian Penal Code and Sections 3(2) (v)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 and the same was read over to them. However, the Accused pleaded not guilty and claimed to be tried. Hence, the trial started.

6. During trial, the following 12 witnesses were examined on behalf of the prosecution:-

(i) P.W.-1 – Ram Kumar Paswan (brother of the informant)

(ii) P.W.-2 – Tirath Raju

(iii) P.W.-3 – Sunil Kumar Paswan

(iv) P.W. -4 – Subodh Narayan Yadav (Supervisory Medical Officer)

(v) P.W. -5 – Dr. Rajiv Ranjan (Doctor)

(vi) P.W.-6 – Dhanveer Mandal

(vii) P.W. -7 – Vinit Kumar (brother of the deceased)

(viii) P.W. -8 – Ghanshayam Paswan (informant and father of the deceased)

(ix) P.W. 9 – Ashok Kumar Pratham (First Investigating Officer)

(x) P.W.-10 – Sanjeev Kumar (Second Investigating Officer)

(xi) P.W.-11 – Arvind Kumar Singh (Sub-Inspector)

(xii) P.W.-12 – Rajendra Kumar Raju (witness of seizure list)

7. The prosecution has also brought on record the following documentary evidence:-

(i) Ext. 1 and 1/1 (witness no. 1) – Signature on the seizure list;

(ii) Ext. 2 – Postmortem report;

(iii) Ext. 3 – Signature of the doctor on the postmortem report;

(iv) Ext. 4 – Signature of the informant on the written report;

(v) Ext. 4/6 – Photostat copy of the written report;

(vi) Ext. 5 – Signature of the officer-in-charge of the Police Station on the written report;

(vii) Ext. 5/1 – Signature of the officer-in-charge of the Police Station on the formal FIR;

(viii) Ext. 6