The prosecution must prove guilt beyond reasonable doubt; acquittal upheld due to insufficient evidence against the accused.

JUDGMENT :

(Rajeev Ranjan Prasad, J.)

Heard Mr. Rajesh Kumar Mishra, learned counsel for the appellant and Mr. Dilip Kumar Sinha, learned Additional

Public Prosecutor for the State.

2. This appeal arises out of part of the judgment dated 30th Day of March, 2024 (hereinafter referred to as the ‘impugned judgment’) passed by learned Additional Sessions Judge-III, Aurangabad (Bihar) (hereinafter referred to as the ‘learned trial court’) in connection with Sessions Trial No. 428/2023/157/2024 arising out of Barun P.S. Case No. 115 of 2023 registered for the offences punishable under Sections 147, 148, 149, 302, 341, 323 and 324 of the Indian Penal Code (in short ‘IPC’).

Brief Facts of the Case

3. The prosecution case is based on the written application dated 11.03.2023 submitted by Durga Kumar, Son of Rajaram Prajapati who is brother of the deceased and has been examined in this case as PW-5. The informant (PW-5) has stated in the written application as under:-

On 10.03.2023 at about 03:00 PM in the afternoon, when he and Amit Kumar son of Birodhi Prajapti and Chandan Kumar Son of Rajaram Prajapati reached in between Tengra under Barun Police Station and Nawada on a motorcycle, one Rahul Kumar who was already present there forming an unlawful assembly hit Chandan Kumar with an iron rod on back side of his head due to which Chandan Kumar fell down. Thereafter, Dinesh Kumar (Respondent No. 4) hit Chandan Kumar with iron rod on his hand. Lutan Yadav (Respondent No. 5) started repeatedly assaulting Chandan Kumar with iron rod on his body. In the meanwhile, Aniruddh Kumar (Respondent No. 2), Neeraj Kumar, Guddu Kumar, Rajeshwar Yadav, Santan Kumar (Respondent No. 3), Ranvijay Kumar @ Munna Yadav, Om Prakash Yadav, Saroj Yadav @ Chhotu Yadav, Arvind Yadav, all started repeatedly assaulting Chandan Kumar with lathi and danda until he became almost dead. On hearing hulla, the villagers came then Ranvijay Kumar @ Munna Kumar hid himself in a hardware/cement shop which is situated in Tengra. The informant further alleges that when Chandan Kumar became almost dead, the accused persons fled away. Then, the informant and Amit took Chandan to Sadar Hospital, Aurangabad for treatment where he was given primary treatment and keeping in view his critical condition, he was referred to Patna. On way to Patna, before they could reach Daudnagar, Chandan died.

The informant alleges that the reason of the incident is that on 07.03.2023 at about 10:00 PM in the night, in the house of one Kamlavati Devi, one Vikas Kumar had entered forcefully with intention to commit wrong with her and misbehaved with her. With regard to this occurrence, Kamlavati Devi had lodged a case in Narari Kala Khurd Police Station in which Chandan Kumar was a witness and due to this reason, the above-named accused persons have murdered Chandan Kumar.

4. On the basis of the aforesaid written application, a formal FIR giving rise to Barun P.S. Case No. 115 of 2023 dated 11.03.2023 was registered on the same date at 11:50 AM. After investigation of the case, police submitted a chargesheet against five accused persons. The learned Magistrate took cognizance of the offences under Sections 147, 148, 149, 341, 323, 324 and 302 IPC. Having noticed that the offences would require to be tried by the Court of Sessions, the records were committed to the Court of Sessions where the charges were framed against all the five accused persons on 10.08.2023.

5. In course of trial, the prosecution examined altogether seven witnesses and got exhibited certain documents such as the written report, formal FIR, inquest report and postmortem report. The description of the prosecution witnesses and the documents exhibited on behalf of the prosecution as well as the defence are being mentioned hereunder for a ready reference:-

List of Prosecution Witnesses: