Rajeev Ranjan Prasad, J. – These two appeals have been listed simultaneously for consideration. In Cr. App.(DB) No.1432 of 2024, the appellant has assailed the judgment of acquittal dated 06.09.2024 passed by the learned Additional District and Sessions Judge-II, Saran at Chapra (hereinafter referred to as the trial court) in Sessions Trial No.180 of 2021 arising out of Sonepur P.S. Case No.605 of 2020. In this Sessions trial two accused were facing the charges under Section 302/34 of the Indian Penal Code (in short ‘IPC’) and Section 27 of the Arms Act. They have been acquitted giving them benefit of doubt.

2. In Cr. App.(DB) No. 1434 of 2024, the appellant is the same and one person who has assailed the judgment of acquittal dated 06.09.2024 passed by the same trial court in Sessions Trial No. 364 of 2022. In this Session Trial only one accused was facing the charges under Section 302/34 IPC and Section 27 of the Arms Act.

Prosecution Case

3. The prosecution case is based on the written information of one Mahesh Kumar who in his written information dated 16.08.2020 alleged as under: –

“On 15.08.2020 between 06:30 P.M. to 07:30 P.M., a phone call came on the mobile of his son Dharmendra Kumar and then his son went away by saying that he will return in a while. At about 09:30 P.M., some people informed that Dharmendra Kumar has been shot dead by unidentified criminal near Bajrangbali Temple at Manpur village adjacent to Bypass Road. Then the informant along with others went there and got to know that his son has been taken to Sadar Hospital, Chapra. After reaching Sadar Hospital Chapra, the informant got to know that an unknown criminal has shot his son to death. After post-mortem, they came to police station on 16.08.2020.”

4. On the basis of the aforementioned written information, a formal FIR giving rise to Sonepur P.S. Case No.605 of 2020 dated 16.08.2020 was registered under Section 302/34 IPC and Section 27 of the Arms Act.

5. Upon completion of investigation police submitted first charge-sheet bearing No. 12 of 2021 dated 08.01.2021 under section 302/34 IPC and Section 27 of the Arms Act against two accused namely, (i) Akash Kumar @ Akash Rai and (ii) Rajesh Shah. Cognizance was taken by the learned Magistrate whereafter the records were committed to the court of learned Sessions Judge, Saran at Chapra. It was registered as Sessions Trial No. 180 of 2021.

6. The second charge-sheet bearing No. 265 of 2021 dated 27.06.2021 was filed for the offences under Section 302/34 IPC and Section 27 of the Arms Act against one accused namely, Raju Paswan. In this case, after cognizance the records were committed to the Court of Sessions and it was registered as Sessions Trial No. 364 of 2022.

7. Mr. Kumar Priyaranjan, learned counsel for the appellant has submitted that in both the trials, the prosecution witnesses and the documentary evidences are the same and one. In this connection, learned trial court has drawn the attention of this Court to the order dated 27.08.2024 passed in Sessions Trial No. 364 of 2022 by the learned Additional District Judge-II, Saran at Chapra. By this order, the learned trial court has after hearing both the sides passed an order after marking exhibits in the present case which were available in the original record of Sessions Trial No. 180 of 2021.

8. Learned counsel submits that the prosecution witnesses in the present case are the same and one who have deposed as prosecution witnesses in Sessions Trial No. 180 of 2021. He has stated to the extent that deposition of the witnesses are the same and one.

9. In the aforesaid view of the matter on the request of learned counsel for the parties, we have heard both the appeals which are being disposed of by this common judgment.

10. On behalf of the prosecution as many as 7 witnesses deposed and 7 documents were marked exhibits. List of the witnesses and list of documents marked exhibits on behalf of the prosecution are as under: –