The prosecution must provide reliable and compelling evidence to prove guilt beyond a reasonable doubt; hearsay and inconsistent testimonies do not suffice.

JUDGMENT :

Rajeev Ranjan Prasad, J.

Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. This appeal has been preferred for setting aside the judgment of acquittal dated 19.09.2024 (hereinafter referred to as the ‘impugned judgment’) passed in Sessions Trial No. 113/2012, C.I.S. Registration No. 430/2014 arising out of Arer P.S. Case No. 150 of 2010 passed by learned Additional Sessions Judge-1st Court, Madhubani (hereinafter referred to as ‘the learned trial court’). By the impugned judgment, the learned trial court has been pleased to acquit respondent nos. 2 to 4 of the charges under Section 302 /34 of the INDIAN PENAL CODE (in short ‘IPC’) giving them benefit of doubt.

Prosecution Case

3. The prosecution case is based on the fardbeyan of one Vijay Sahu recorded by Nusrat Jahan, PSI of town PS Madhubani on 02.12.2010 at 11:30 AM at Sadar Hospital, Emergency Ward, Bed No. 02, Madhubani. The informant is the father of the deceased who has deposed as PW-7 in course of trial. In his fardbeyan, the informant has stated as under:-

“On 02.12.2010 at about 07:30 AM in the morning, he was at his shop with his deceased son. He had asked his deceased son, namely, Deepak Kumar @ Deepu to open the shop and, accordingly, his son had opened the shop and was sitting there. In the meantime, his neighbour Hari Jha came at his shop and took his deceased son Deepak Kumar to Arer Deeh Tol. At about 08:00 O’clock, the co-villager, namely, Deelip Sah came to inform him that his son Deepak Kumar is in serious condition. On receiving this information, the informant went to the house of Hari Jha and saw that (1) Hari Jha, (2) Raju Jha, and (3) Shashi Nath Jha along with 10-15 villagers were present there and had kept his son in the middle, when the informant interrogated from his son then he did not respond, he was unconscious. When the informant lifted his son to take him to hospital, then the above-named accused persons told him that he would be fine in few minutes and nothing has happened to him. Yet, the informant along with his brother Anand Kumar took his son to Dr. R. K. Singh for primary treatment where seeing his critical condition, the Doctor immediately referred his son to Sadar Hospital, Madhubani. Immediately, the informant, his brother Anand Kumar and co-villager Om Prakash Sahu along with other villagers brought his son to Sadar Hospital, Madhubani by a Scorpio Vehicle where in course of treatment, his son Deepak Kumar died. When the informant inquired from the villagers about the incident, they told him that Hari Jha had asked his son to tie electric wire on the electric pole by using a ladder and in course of doing the same, the ladder slipped and he fell down and became unconscious due to which, later on, he died.”

4. After investigation, police submitted a chargesheet bearing No. 142 of 2011 dated 30.10.2011 under Section 302 , 34 of the IPC. All the three accused were sent up for trial.

5. The learned Magistrate took cognizance of the offence under Section 302 , 34 IPC whereafter having noticed that the offence is triable by a court of session, after completion of formalities under Section 207 CrPC, learned Magistrate committed the records to the court of sessions where it was registered as Sessions Trial No. 113 of 2012.

6. The charges were explained to the accused persons who denied the charges and claimed to be tried.

7. On behalf of the prosecution as many as nine witnesses were examined and some documents were ma