The prosecution must establish guilt beyond reasonable doubt; inconsistencies in witness testimonies can lead to acquittal.

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

Heard Ms. Meena Singh, learned counsel for the appellant, Mr. Prabhat Ranjan Singh, learned counsel for the Respondent Nos. 2 to 4 and Mr. Dilip Kumar Sinha, learned Additional Public Prosecutor for the State of Bihar.

2. The present appeal has been preferred by the informant-appellant under proviso to Section 372 of the Code of Criminal Procedure (now Section 413 of the Bhartiya Nagarik Suraksha Sanhita) seeking to set aside the judgment dated 26.06.2019 (hereinafter referred to as the ‘impugned judgment’) passed by learned Additional Sessions Judge-I, Jamui (hereinafter referred to as the ‘learned Appellate Court’) in Criminal Appeal No. 53 of 2009. By the impugned judgment, the Appellate Court has been pleased to set aside the judgment dated 12.08.2009 passed by learned A.C.J.M.-cum-Assistant Sessions Judge-I, Jamui (hereinafter referred to as the ‘learned trial court’) in Sessions Trial No. 361 of 2002 arising out of Laxmipur P.S. Case No. 26 of 2002 whereby and whereunder, the learned trial court had been pleased to convict Respondent Nos. 2 to 4 for the offence punishable under Section 307 /34 of the INDIAN PENAL CODE (in short ‘IPC’).

3. The learned Appellate Court has allowed the appeal against conviction of Respondent Nos. 2 to 4. Being aggrieved by and dissatisfied with the said judgment of acquittal passed by the learned Appellate Court, the present appeal has been preferred.

4. We have heard learned counsel for the parties and also perused the trial court’s records as also the judgment of the learned Appellate Court.

5. It appears that the prosecution case is based on the fardbeyan of one Varun Devi (PW-7) recorded on 06.03.2002 at 08:30 PM at Sadar Hospital, Jamui. In her fardbeyan, the informant has alleged that on the same day at about 01:00 PM when she was at her home, her neighbours, namely, (1) Kameshwari Singh, (2) Basant Singh, (3) Ranju Devi and (4) Puran Singh started extracting soil from parti land in front of her house due to which there was every possibility of damage to her house. When the informant stopped them from doing so, they became furious and Kameshwari Singh who was carrying a ‘kudal’ assaulted her with the same on her head due to which she became injured and when she fell down, then Basant Singh assaulted her on her head by the butt of the ‘kudal’. Ranju Devi assaulted her on her hand by a knife. Puran Singh was instigating the other accused persons to kill the informant. The accused persons also snatched about Rs.200-300/- which she was carrying in her ‘aanchal’. When the informant raised hulla, the nearby people, namely, Santosh Singh, Jogendra Singh, Santu Singh and others came and saved the informant from being further assaulted. They also took her to the hospital to get her treated.

6. On the basis of the said fardbeyan, Laxmipur P.S. Case No. 26 of 2002 was registered on 07.03.2002 for the offences under Sections 34 1, 323, 324, 307, 379 and 504/34 IPC. The chargesheet was filed whereupon cognizance of the offences were taken. The charges were explained to the accused persons, they denied the charges and claimed to be tried whereafter the learned trial court framed charge under Section 307 /34 IPC against four named accused persons including these three respondents.

7. In course of trial, the prosecution examined altogether seven witnesses and exhibited certain documentary evidences. The defence also exhibited one documentary evidence. These are being reproduced hereunder for a ready