The prosecution must establish a complete chain of circumstantial evidence beyond reasonable doubt for a conviction; reasonable doubts justify acquittal.

JUDGMENT :

Rajeev Ranjan Prasad, J.

Heard learned counsel for the appellant, the informant- appellant, the respondent No.2 and the learned Additional Public Prosecutor for the State.

2. This appeal has been preferred for setting aside the judgment of acquittal dated 19.05.2023 (hereinafter referred to as the ‘impugned judgment’) passed by the learned Additional Sessions Judge- IX^th court, Madhubani (hereinafter referred to as the ‘learned trial court’) in connection with Sessions Trial No. 36 of 2018, arising out of Bisfi (Patauna OP) P.S. Case No. 83 of 2017. The learned trial court has been pleased to acquit the sole accused-respondent No.2 of the charges under Sections 302 , 201 and 34 of the INDIAN PENAL CODE (in short ‘I.P.C.’).

Prosecution Case

3. The prosecution case is based on fardbeyan of Ram Chandra Shah who is father of the deceased Punil Shah. In his fardbeyan recorded on 13.04.2017 at 22:50 hrs, at the parti land of Vishwanath Shah, by the Sub-inspector of Police, Hanuman Chaudhary, the informant has alleged as under :-

“On 13.04.2017 at about 4.00 PM, his son was going by his bicycle towards Kataiya Bazar for bringing vegetables but till late evening he did not return, then he along with his entire family members had gone in search of his son. In course of search, near the house of his co-villager Bharosi Sahani, the bicycle and bag with vegetables were found. One women of Sarisaw village told him that an unknown person had taken away his son on a motorcycle towards ‘Maharji Bandh’. At the same time, little girl children of the village also told the informant that near the Maharaji Bandh Dhab 2-3 persons were involved in Hathapai (physical quarrel by hand and fist). On this information, the informant went near Maharaji Bandh Dhab where Vishwanath Sah told him that his son’s dead body was lying there. He had raised hulla and reached there, then he saw that the neck of his son was slitted by sharp edge weapon and blood was oozing out. His son was residing in Lucknow where he was working in a sweets factory. 5-6 days before he had come and his marriage was fixed for 19.04.2017. His son has kept one mobile of which number is 9557414350, on which he had made call but the call was not received by his son and the mobile was later on switched off.”

4. Police registered a First Information Report on 14.04.2017 at 05:30 A.M. After investigation, a charge-sheet was filed vide charge-sheet No. 93 of 2017 for the offences under Section 302 /201 I.P.C. and accordingly cognizance was taken. After following the procedures of law, the records were committed to the court of sessions for trial.

5. In the trial court the charges were explained to the accused-respondent No.2 who denied the charges and claimed to be tried.

6. On behalf of the prosecution as many as 10 witnesses were examined and some documentary evidences were laid which have been marked exhibits. A ‘hasua’ (sharp cutting weapon) which is said to be the crime of weapon and a mobile were seized. Those have been marked material exhibit 2 and 2/2 respectively. The list of the witnesses and the exhibits marked on behalf of the prosecution are as under:-

List of Prosecution Witnesses:-

List of Documentary Exhibits:-