The court established that reasonable doubt in witness credibility and investigation integrity necessitates acquittal of the accused.

JUDGMENT :

(Ashutosh Kumar, J.)

All the appeals, eight in number, have been taken up together and are being disposed of by this common judgment.

2. Heard the learned counsel for the parties.

3. There have been three sets of trials in which the appellants herein have been convicted, viz., Sessions Trial Nos. 223 of 1993; 154 of 1999 and 183 of 2015, all arising out of Bela P.S. Case No. 01 of 1993.

4. Initially, three accused persons were put on trial for the murder of one Ram Talewar Rai on 01.01.1993, viz., Ram Lakhan; Nawal Rai and Sogarath Rai. However, during the trial, Ram Lakhan and Sogarath Rai died. Thus, only Nawal Rai was convicted in the afore-noted trial, who is the appellant in Cr. Appeal (DB) No. 450 of 2015. Thereafter, the other accused persons were charge-sheeted and their trial began under Sessions Trial No. 154 of 1999.

5. Out of the persons sent up for trial, proceedings were dropped against Sita Ram, S/o Parmeshwar Rai and Ramdeo Rai some times in the March of 2013. One of the accused, viz., Ravindra Rai was found to be a juvenile and his case was sent to the concerned Juvenile Justice Board for determination of his guilt.

6. In this trial, thirteen prosecution witnesses and three defense witnesses were examined. In the earlier sessions trial, viz., Sessions Trial No. 223 of 1993, only ten prosecution witnesses were examined, all of whom were examined in the subsequent trials.

7. However, later, on the date of the judgment, appellant/Mahendra Singh [Cr. Appeal (DB) No. 1225 of 2016] failed to present himself in the Court and therefore his case was split up and a separate trial later was held under Sessions Trial No. 183 of 2015. In that case also, same thirteen prosecution witnesses and same three defense witnesses were examined.

8. Finally, seventeen of the accused persons were convicted and they preferred appeals before this Court.

9. During the pendency of the appeals, two of the co-convicts/appellants viz., Sita Ram Rai, Son of Late Janki Rai [Cr. Appeal (DB) No. 741 of 2015] and Ram Rai, Son of Late Hari Nandan Rai [Cr. Appeal (DB) No. 447 of 2015] died and, hence, their appeals were directed to be abated.

10. Thus, for all practical purposes, the witnesses in all the three trials, referred to above, are same and they have made similar disclosures while deposing. Three more witnesses were examined in two subsequent trials, who are common for Sessions Trial Nos. 154 of 1999 and 183 of 2015.

11. Precisely for this reason, we have referred to the evidence of Sessions Trial No. 154 of 1999 for convenience.

12. The appellants in Cr. Appeal (DB) Nos. 447 of 2015; 545 of 2015; 580 of 2015; 727 of 2015; 741 of 2015 and 842 of 2015 have been convicted for the offences under Sections 302 and 307/34 of the Indian Penal Code (inshorttheIPC) by the learned 2nd Addl. Sessions Judge, Sitamarhi on 13.05.2015 in connection with Sessions Trial No. 154 of 1999, arising out of Bela P.S. case No. 01 of 1993. By order dated 19.05.2015, they have been sentenced to undergo R.I. for life, to pay a fine of Rs. 10,000/-each for the offence under Section 302/34 of the IPC and in default of payment fine, to further suffer R.I. for one year; to undergo R.I. for five year, to pay a fine of Rs. 20,000/-for the offence under Section 307/34 of the IPC and in default of payment of fine, to further suffer R.I. for one year. Appellants/Rajdeo Rai, Nagendra Rai, Sogindra Rai, Ram Preet Rai and Lal Baboo Rai were also convicted for the offence under Section 27 of the Arms Act and have been sentenced to undergo R.I. for three years, to pay a fine of Rs. 5,000/-each and in default of payment of fine, to further suffer R.I. for six months.

13. The appellant/Nawal Rai in Cr. Appeal (DB) No. 450 of 2015 has been convicted for the offences under Sections 302 and 307/34 of the IPC vide judgment dated 13.05.2015 passed by the learned 2nd Addl. Sessions Judge, Sitamarhi in connection with Sessions Trial No. 223 of 1993, arising out of Bela P.S. Cas