The prosecution must prove the accused's guilt beyond reasonable doubt, and any reasonable doubt leads to acquittal.

JUDGMENT :

(Vipul M. Pancholi, J.)

The present appeal has been filed under Section-374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C.’) challenging the judgment dated 29.01.2016 and order of sentence dated 04.02.2016 passed by learned Additional Sessions Judge-IX, Saran, Chapra in Sessions Trial No. 298 of 2009 New. 2469 of 2014, arising out of Baniapur P.S. Case No. 144 of 2008 G.R. No. 2462 of 2008, whereby the appellants have been convicted for the offences punishable under Sections 302/34 and 323/34 of the Indian Penal Code (hereinafter referred to as I.P.C.) and sentenced to undergo imprisonment for life and a fine of Rs. 10,000/-each for the offence punishable under Sections 302/34 of I.P.C. and, in default of payment of fine, the appellant in default, shall have further to undergo simple imprisonment for six months. Further, they have to undergo rigorous imprisonment for six months for the offence punishable under Section 323/34 of the I.P.C. Both the sentences have been directed to run concurrently.

2. At the outset, learned senior counsel for the appellants informs that appellant no. 1 namely, Punit Nath Singh @ Budha Singh has died during the pendency of the present appeal.

3. As such, the Appeal stands abated with regard to appellant no. 1 namely, Punit Nath Singh @ Budha Singh.

4. Heard Mr. Bindhyachal Singh, learned senior counsel assisted by Mr. Vipin Kumar Singh, learned counsel for the appellants and Mr. Bipin Kumar, learned A.P.P. for the respondent-State.

5. The brief facts leading to the filing of the present appeal are as under: “On 23.08.2008, at about 04:00 P.M. when informant along with his father and his brother was harvesting the maize crop, appellant no.1, namely, Punit Nath Singh @ Budha Singh, appellant no.2, namely, Sukan Singh, appellant no. 3, namely, Mangal Singh and another accused, namely, Amit Singh all came with farsa and iron rod and started abusing and shouting. Thereafter, they started assaulting. Punit Nath Singh assaulted informant’s father with farsa due to which he was injured and blood was oozing out from his head. Further, Amit Singh assaulted on the head of his brother, namely, Harendra Singh by farsa and he got injured. Further, appellant no.2, namely, Sukan Singh assaulted the informant with iron rod due to which he got injured and Mangal Singh assaulted the informant’s father with farsa. Thereafter all the accused persons fled away. Thereafter, villagers came and took all the injured persons to Baniyapur hospital for treatment. The informant’s father was referred to Patna, but he died on the way.”

6. After filing of the F.I.R., the investigating agency carried out the investigation and, during the course of investigation, the Investigating Officer recorded the statement of the witnesses and collected the relevant documents and thereafter filed the charge-sheet against the accused. As the case was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions where it was registered as Sessions Trial No. 298 of 2009 New. 2469 of 2014.

7. Learned senior counsel for the appellants, Mr. Bindhyachal Singh, at the outset, submits that there is a delay in lodging the F.I.R. and for the occurrence which took place at about 04:00 P.M, F.I.R. came to be lodged at 11:00 P.M. in Baniyapur Police Station. It is pointed out by learned senior counsel for the appellants from the record that P.W.-1 Harendra Singh, who has sustained injuries in the incident in question, as per the case of the prosecution, has specifically stated in his deposition that when he reached to Baniyapur Hospital, police recorded his statement. The said witness has further stated that after the incident, he reached to Baniyapur Referral Hospital within 20 minutes. At this stage, it is also contended that P.W.-2 has also stated during cross-examination that when the injured were taken to the hospital in a Commander Jeep, they initially went to the police station w