The prosecution must prove guilt beyond reasonable doubt; mere circumstantial evidence and delayed FIR weaken the case, necessitating independent corroboration.

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

1. We have heard Mr. Bakshi S.R.P. Sinha, learned senior counsel assisted by Mr. Prafull Chandra Thakur, learned counsel for the appellant, Mr.Binod Murari Mishra, learned counsel for the respondent nos.2 to 4 and Mr. Manish Kumar Singh No.2, learned Addl.P.P. for the State as also perused the trial court records.

2. This appeal has been preferred for setting aside the judgment of acquittal dated 20.03.2024 (hereinafter referred to as the ‘impugned judgment’) whereby and whereunder the learned Sessions Judge,Saharsa (hereinafter referred to as the ‘learned trial court’) has been pleased to acquit respondent nos. 2 to 4 of the charges under Sections 341 , 323, 324, 302 and 120(B) of the In- dian Penal Code (in short ‘IPC’) in connection with S.T. No. 11 of 2022 arising out of Bangaon P.S. Case No. 136 of 2021.

Prosecution case

3. The prosecution case is based on the fardbeyan of Roshan Kumar Thakur who has been examined as PW-6 in the present case. In his fardbeyan, recorded by S.H.O. of Bangaon Po- lice Station, Saharsa on 13.10.2021, the informant has stated that (i) Shankar Jha, (ii) Lakshman Jha, (iii) Suman Kumar Jha and 4-5 unknown persons of Village-Chainpur, District-Saharsa hatched conspiracy and called his brother Deepak Kumar Thakur @ Parmoshan Thakur aged 30 years from his house and took him to the mango orchard of Pratap Narayan Thakur @ Phul Thakur which is at some distance from Neel Kanth Kanya Vidyalaya, Chainpur and there they committed murder of his brother by a dagger. The informant searched his brother for the whole night but could not find any trace. On 13.10.2021 at 5:30 AM, informant came to know from the villagers that his brother’s dead body is lying in the mango orchard of Pratap Narayan Thakur. The informant believes that his brother has been killed by the named and unknown persons.

4. On the basis of the written report of the informant Roshan Kumar Thakur (PW-6), the S.H.O., Bangaon P.S. regis- tered Bangaon P.S. Case No.136 of 2021 dated 13.10.2021 under Sections 341 , 323, 324, 302 and 120(B) IPC.

5. After completion of investigation of the case, the I.O. of the case has submitted a charge-sheet against all the three accused named in the FIR under Sections 341 , 323, 324, 302 and 120(B) IPC. The learned A.C.J.M.-1, Saharsa vide his order dated 15.12.2001 took cognizance of the offence under Section 341 , 323, 324, 302 and 120(B) IPC against all the three accused and thereafter having found the case triable by court of Sessions committed the case to the court of Sessions and the case was registered as S.T. No.11 of 2022.

6. The accused persons were explained the charges, they denied the same and claimed to be tried. On 07.02.2022, charges were framed against all the three FIR named accused persons under Sections 341 , 323, 324, 302 and 120(B) IPC.

7. In course of trial, the prosecution examined as many as 9 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