The prosecution must prove charges beyond a reasonable doubt; inadequate evidence resulted in the acquittal of the accused as intent to kill was not established.

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

1. We have heard learned counsel for the appellant, learned Addl. P.P. for the State and learned counsel for the respondent nos.2 and 3 as also perused the learned trial court’s records.

2. This appeal has been preferred for setting aside the judgment of acquittal dated 20.06.2024 (hereinafter referred to as the ‘impugned judgment’) whereby and whereunder the learned Sessions Judge, Sheohar (hereinafter referred to as the ‘learned trial court’) has been pleased to acquit respondent nos. 2 and 3 of the charges under Sections 307 /34, 504/34 and 506/34 of the INDIAN PENAL CODE (in short ‘IPC’) in connection with S.Tr. No. 69 of 2021 arising out of Piprahi P.S. Case No. 153 of 2020.

Prosecution case

3. The prosecution case is based on the fardbeyan of Imteyaz Alam who has been examined as PW-2 in the present case. In his fardbeyan, recorded by S.H.O. of Piprahi police station, Shoehar on 02.08.2020, the informant has stated that on 30.07.2020 at about 2.00 PM, his father Rahimullah was working in his Khalihan, in the meantime, Md. Shabbir @ Jumman, son of Md. Jalil and Md. Ashraf, son of Md. Shabbir @ Jumman , both resident of Basahiya Sheikh, P.S.-Piprahi, District-Sheohar having armed with spade and iron rod came there and with an intention to kill him, Md. Shabbir assaulted him by spade on his head and Md. Ashraft assaulted him by iron rod behind his back due to which his father became unconscious and fell down. It is alleged that when the informant, her mother Momna Khatoon and other co-villagers came there, the accused persons fled away. Thereafter, the injured was taken to Sheohar Sadar Hospital from where he was referred to SKMCH, Muzaffarpur and thereafter PMCH, Patna where his treatment was going on.

4. On the basis of the written report of the informant Imteyaz Alam (PW-2), the S.H.O., Piparahi P.S. registered Piparahi P.S. Case No.153 of 2020 dated 02.08.2020 under Sections 307 , 323, 341, 504 and 506/34 IPC.

5. After completion of investigation of the case, the I.O. of the case has submitted a charge-sheet bearing CS No.194/2020 dated 30.09.2020 under Sections 34 1, 323, 307, 504 and 506/34 IPC against Md. Shabbir @ Jumman whereas the charge-sheet bearing CS No.268/2020 dated 31.12.2020 under Sections 34 1, 323, 307, 504 and 506/34 IPC was submitted against Md. Ashraf.

6. The learned J.M.-1st Class, Sheohar took cognizance of the offences alleged vide order dated 08.12.2020 and thereafter case was committed to the court of Sessions on 03.04.2021. The records of the case was received by the office of Sessions Court on 07.06.2021 and the case was registered as S.T. No.69 of 2021.

7. On 08.10.2021, charges were framed against both the accused persons under Sections 307 /34, 323/34, 341/34, 504/34 and 506/34 IPC. The charges were read over and explained to them in Hindi which they denied and claimed to be tried.

8. In course of trial, the prosecution examined as many as 8 witnesses and exhibited several documents in support of its case. The list of witnesses and the documents exhibited on behalf of the prosecution are as under:-

List of Prosecution Witnesses

List of Exhibits