The prosecution must prove guilt beyond a reasonable doubt; insufficient evidence and contradictions in witness statements led to acquittal.

JUDGMENT :

The present appeals have been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C.’) challenging the Judgment of conviction dated 03.04.2013 and order of sentence dated 05.04.2013 passed by the learned Adhoc Additional Sessions Judge-V, Ara Bhojpur in Sessions Trial No. 326 of 2009 arising out of Charpokhari P.S. Case No. 164 of 2004, instituted for an offence punishable under Sections 341 and 307/34 of the Indian Penal Code and under Section 27 of Arms Act, whereby and where under all appellants have been sentenced to undergo one month simple imprisonment and fine of Rs. 500 (five hundred) for an offence punishable under Section 341 of the Indian Penal Code. In default of payment of fine they are further sentenced to undergo simple imprisonment of fifteen days and they are also sentenced to undergo rigorous imprisonment for ten years and fine of Rs. 10,000/- (ten thousand) each for committing an offence punishable under Sections 307/34 of the Indian Penal Code and in default of the payment of fine, they are sentenced to undergo simple imprisonment for three months and both the sentences shall run concurrently. Appellant namely Wakil Bhatt is also sentenced to undergo three years rigorous imprisonment and to pay fine of Rs. 10,000/- (ten thousand) and in default of payment of fine, he is further sentenced to undergo three months simple imprisonment for an offence punishable under Section 27 of the Arms Act and all the sentences shall run concurrently.

2. Heard Mr. Uday Kumar, learned counsel for the appellant assisted by Mr. Mukeshwar Dayal, learned APP for the State.

3. The brief facts leading to the filing of the present appeal are that as per the fardbeyan of the informant, on 09.12.2004 at Sadar Hospital, Ara stating therein that on 09.12.2004 at about 06:30 P.M. he along with his sala Chandan Kumar had gone to the adjacent shop to purchase articles mere his co-villager Sushil Kumar @ Nakli @ Sariya came and began to abuse and misbehave with his brother-in-law and also began to abuse his sala and stated that there is no super Rangdar than him in the village and he also began to assault the informant by hands and fists. On hulla, Wakil Bhatt, Raj Kumar Bhatt, Birendra Bhatt, Surendra Bhatt, Ragho Bhatt and his wife came there armed with stones, Bhala and Pistol and began to assault him with a view to kill. The informant further alleged that Wakil Bhatt fired upon him by Pistol which hit on his left thigh as such he fell down there on hulla a number of persons came there then the appellants fled away. The informant was carried to Sadar Hospital Ara where his treatment was done. The informant said that during Maar-Pit his sala fled away. The informant claimed that the above-named appellants have assaulted him with a view to kill as such he became injured.

4. On the basis of the fardbeyan given by the informant, a case was registered as Charpokhari P.S. case no.164 of 2004 on 10.12.2004 under Sections 341, 323, 324, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act and investigation was taken up and after investigation charge sheet was submitted under Sections 323, 324, 307, and 34 of the Indian Penal Code and Section 27 of the Arms Act and there after cognizance was taken up and case was committed to the court of Session.

5. The prosecution examined altogether 5 prosecution witnesses in this to substantiate the charges against the appellants persons, out of them PW-1 Hare Ram Bhatt, PW-2 Ramchandra Bhatt, PW-3 Anjani Kumar, PW-4 Pawan Kumar, PW-5 Rajesh Kumar Bhatt (informant), PW-6 Dr. Rambhawan Singh, PW-7 Shiv Shankar Rai (Investigating Officer). It is necessary to mention here that Sanjay Bhatt (Shopkeeper) has not been examine during the trial.

6. P.W.1 Hare Ram Bhatt in his examination-in-chief stated that the occurrence is of 09.12.2004 at about 06:30 P.M. He had been at his door. Rajesh Bhatt and Chandan Bhatt had gone to the shop to purchase articl