The prosecution must prove guilt beyond reasonable doubt; inconsistent eyewitness accounts can lead to acquittal.

JUDGMENT :

Rajeev Ranjan Prasad, J.

Heard learned counsel for the appellants in both the appeals, Ms. Shashi Bala Verma, learned Additional Public Prosecutor for the State in Cr. Appeal (DB) No. 79 of 2017 and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State in Cr. Appeal (DB) No. 152 of 2017.

2. Both the appeals have been preferred for setting aside of the judgment of conviction dated 01.12.2016 (hereinafter referred to as the ‘impugned judgment’) and the order of sentence dated 06.12.2016 (hereinafter referred to as the ‘impugned order’) passed by learned Additional Sessions and District Judge-VIII, Begusarai (hereinafter referred to as the ‘learned trial court’) in Sessions Trial No. 128 of 2015 arising out of Begusarai Muffasil P.S. Case No. 427 of 2014.

3. By the impugned judgment, both the appellants have been convicted for the offence punishable under Section 302/34 of the Indian Penal Code (in short ‘IPC’). Raja Paswan (appellant in Cr. Appeal (DB) No. 152 of 2017) has further been convicted for the offence under Section 27 of the Arms Act. By the impugned order, they have been ordered to undergo life imprisonment under Section 302/34 IPC with a fine of Rs.5,000/- each and in default of payment of fine, they have to further undergo simple imprisonment for six months. Further, Raja Paswan (appellant in Cr. Appeal (DB) No. 152 of 2017) has been ordered to undergo rigorous imprisonment for two years with a fine of Rs.2,000/- and in default of payment of fine, he has to further undergo simple imprisonment for two months. Both the sentences are to run concurrently.

Prosecution Case

4. The prosecution case is based on the fardbeyan (Exhibit ‘1/A’) of Rinku Devi (PW-6) recorded by Shankar Choudhary, S.I. of Muffasil Police Station on 07.12.2014 at 15:30 hours at Sadar Hospital Begusarai. PW-6 has stated that her husband Rohit Tanti used to sell eggs on cart (‘Thela’) near Mahavir Asthan and just beside him, Raja Paswan, son of Doman Paswan used to sell eggs. At 13:30 Hours, Raja Paswan started an altercation (‘Bakjhak’) saying that only he will sell eggs at this place. In the meantime, Sudha Devi, mother of Raja Paswan instigated Raja Paswan saying that “he will not understand, kill him”. Thereafter, Raja Paswan, who is handicapped by right hand, took pistol in his left hand, came close to the husband of the informant and shot at his left side of chest as a result of which blood started oozing out and he fell down. PW-6 stated that she lifted her husband, somehow put him on the scooter of Sanjay Shah (PW-2) and took him to Sadar Hospital for treatment but on way to hospital he died.

5. On the basis of the fardbeyan of PW-6, Begusarai Muffasil P.S. Case No. 427 of 2014 dated 07.12.2014 was registered under Section 302/34 IPC and Section 27 of the Arms Act.

6. Upon investigation, the police submitted a chargesheet bearing No. 429 of 2014 dated 31.12.2014 under Section 302/34 IPC and Section 27 of the Arms Act against both the appellants. On the basis of this chargesheet, learned Chief Judicial Magistrate, Begusarai after taking cognizance on 06.01.2015 handed over the matter to Judicial Magistrate, First Class who committed the records to the court of sessions on 09.03.2015. After registration of session trial, the charges were explained to the accused persons, they denied the same and claimed to be tried, whereafter the trial began.

7. In course of trial, Prosecution examined altogether nine witnesses and exhibited documentary evidences which are being shown hereunder in tabular form:-

List of Prosecution Witnesses

List of Exhibits produced on behalf of Prosecution