Rajeev Ranjan Prasad, J.—These two appeals have been preferred by the informant and the State respectively for setting aside the judgment dated 07.12.2023 (hereinafter referred to as the ‘impugned judgment’) passed in Sessions Trial No. 838 of 2021 arising out of Gopalpur P.S. Case No. 243 of 2021 passed by the learned Additional Sessions Judge-V, Civil Court, Patna (hereinafter referred to as the ‘learned trial court) by which the learned trial court has been pleased to acquit the respondent no. 2 for the offences punishable under Sections 341, 323, 307, 384, 504/34 of the Indian Penal Code (in short ‘IPC’) and Section 27 of the Arms Act.

2. Both the appeals were taken up for consideration after receipt of the trial court records. At the outset, it was decided to hear the appeals on their own merit for final disposal. Both the appeals were heard on 10.09.2024 and 11.09.2024 at length.

Prosecution Case

3. The prosecution story is based on the fardbeyan (Exhibit ‘1’) of Avinash Kumar (PW-1), resident of village Kachuara, P.S. Gopalpur, District-Patna recorded by S.I. S.N. Singh of Ram Krishnanagar Police Station on 19.07.2021 at 13:00 hours at Ford Hospital, Bed No. 408, Patna. In his fardbeyan (Exhibit ‘1’), he has stated that on 19.07.2021 when the informant (PW-1) was at his home and was walking in his park, all of a sudden, (1) Samir Kumar, (2) Uday Singh, (3) Sudhir Kumar and (4) Wife of Samir armed with pistol, lathi/danda came and started abusing and asked for Rs.5 lakhs as ransom otherwise he would be killed. On hearing hulla, informant’s father Sunil Singh and brother Nitish Kumar also came there and an altercation took place, in meantime, Samir Singh started indiscriminate firing from his pistol which hit in the informant’s arm and stomach of his father Sunil Singh and Chest of his brother Nitish as a result of which they became injured and fell down. Thereafter, co-villagers took them to Patna Ford Hospital for treatment.

4. The fardbeyan of the informant was sent to the Gopalpur Police Station within whose jurisdiction the occurrence had taken place. On the basis of the fardbeyan of the informant, Gopalpur P.S. Case No. 243 of 2021 dated 19.07.2021 was registered under Sections 341, 323, 307, 384, 504/34 IPC and Section 27 of the Arms Act at 16:35 hours.

5. After investigation, police submitted a charge-sheet under the aforementioned sections of the IPC and the Arms Act against one of the accused Sameer Kumar, who is respondent in both the appeals. The learned Additional Chief Judicial Magistrate, IXth Court, Patna vide his order dated 26.10.2021 took cognizance of the offences. The investigation against other accused were kept pending. On 16.11.2021, police papers were supplied to the accused and records were committed to the court of Sessions.

6. It would further appear from the records that during the investigation, the informant (PW-1) had filed a protest petition (Exhibit ‘2’) in which he alleged that the accused persons are wealthy and influential persons who have gained over the Investigating Officer. It is stated that the Investigating Officer is not recording the statement of witnesses correctly in the case diary only to help the accused persons and the accused persons are giving threats and asked them not to depose in the case otherwise they will kill petitioner and his witnesses.

7. From the trial court records it would appear that Sessions Trial No. 838 of 2021 was registered after receipt of the records in the learned trial court on 20.12.2021. On 10.02.2022, the charges under Sections 307/384/34 and 504/34 IPC were explained to the accused in Hindi, he denied the charges and claimed to be tried. The learned trial court framed the charges under Sections 307, 384/34 and 504/34 IPC and issued summons to the prosecution witnesses.

8. On behalf of the prosecution, as many as eight witnesses deposed and some documentary evidences were also marked exhibits. The complete description of the prosecution witnesses and th