The prosecution failed to establish intent to kill or reliable evidence for conviction under attempted murder, leading to acquittal.

JUDGMENT :

Heard Mr. Ramakant Sharma, learned senior counsel duly assisted by Mr. Bipin Kumar, learned counsel for the appellant and Mrs. Anita Kumari Singh, learned Additional Public Prosecutor for the State.

2. The present appeal preferred under Section 374(2) of the Code of Criminal Procedure (in short the ‘Cr.P.C.’) challenging the judgment and order of conviction dated 07.11.2022 and order of sentence dated 24.11.2022, respectively as passed by learned Additional District & Sessions Judge-XI, Begusarai in connection with Sessions Trial No. 736/2018 arising out of Begusarai Barauni (FCI) P.S. Case No. 113 of 2018, whereunder appellant-accused was convicted for offence punishable under Section 307/120B of the Indian Penal Code and sentenced to undergo simple imprisonment for ten (10) years and fine of Rs. 10,000/-, in default of payment of fine, further to undergo S.I. for 4 months in addition to the substantive punishment. The learned trial court further sentenced him to undergo S.I. for one month under Section 341 of the I.P.C. The appellant further convicted for the offence under Section 387 of the I.P.C. and sentenced to undergo imprisonment for three (3) years and fine of Rs. 5,000/-, in default of payment of fine, further to undergo S.I. for two months and for the offence under Section 27 of the Arms Act, the appellant was sentenced to undergo imprisonment for three (3) years and fine of Rs. 1000/- and, in default of payment of fine, further to undergo S.I. for 15 days.

3. As per the prosecution story, the informant namely Manish Kumar (PW-1) stated that family members of Ajit Kumar @ Shutarwa, namely, Umesh Singh and Navin Kumar came at his residence and demanded extortion money. He alleged that about one year ago co-accused Ajit Kumar @ Shutarwa attempted to kill him by shooting for which he had filed a case in Barauni Police Station. Thereafter, co-accused persons came at his house and conveyed the message of Ajit Kumar regarding extortion money and threatened him that if he failed to do pay, be prepared to face the consequences. The informant further stated that Surendra Singh, Rahul Kumar and Ramesh Singh @ Batha demanded extortion money of Rs. 5 lakhs and, on 28.03.2018 at about 8:00 a.m., while the informant and his brother Anish Kumar were going to Refinery on motorcycle, which was driven by him and his brother was a pillion rider and so when they reached near Pratap Petrol Pump, two persons on motorcycle namely, Aman Kumar and Chandan Kumar (the appellant/convict) stopped them and said that Ajit Kumar @ Shutarwa has demanded extortion money. When they denied to give extortion money, the accused persons started making firing and throw bomb on them. When the informant and his brother tried to save their life, one bullet hit on the back of his brother, as a result of which, he got injured. Thereafter, both the accused persons fled away from the place of occurrence. The informant further stated that he got admitted his brother in the hospital for better treatment and filed the instant case on 29.03.2018.

4. On the basis of the aforesaid written information, the informant namely, Manish Kumar registered a case being Barauni P.S. Case No. 113 of 2018 dated 29.03.2018 for the offence under Section 120B, 341, 307, 387/34 of the Indian Penal Code and Section 27 of the Arms Act and 3/4 of the Explosive Substances Act.

5. After investigation, police submitted charge-sheet no. 343/2018 dated 24.07.2018 under the aforesaid sections against the appellant and co-accused Ajit Singh @ Shutarwa and Aman Kumar. The learned C.J.M., Begusarai vide order dated 03.08.2018 took cognizance against the accused persons under the aforesaid sections and after compliance of Section 207 of the Cr.P.C. committed the record of the case to the court of session on 20.12.2018 against the accused persons namely Ajit Kumar @ Shutarwa and Chandan Kumar after separating the trial of accused Aman Kumar showing him juvenile.

6. On the basis of material col