An appellate court must respect the acquittal by the trial court unless the judgment suffers from severe legal flaws or misinterpretations of evidence.

JUDGMENT :

(CHANDRA SHEKHAR JHA, J.)

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

2. The present memo of appeal has been challenging the impugned judgment of acquittal dated 28.11.2022 as passed by learned Additional Sessions Judge- IX, Saran, Chapra in connection with Chapra Town P.S. Case No. 151 of 2012 corresponding to Sessions Trial No. 439 of 2013, whereby learned court has acquitted both the accused persons (respondents herein) for the offences as charged against them.

3. The brief facts of the case is that on 12.06.2012 at 7:30 p.m., while the appellant/informant (PW-7) was going towards Salempur through Sahebganj Post Office Street to purchase groceries items, two boys stopped him near Building No. 786, Kapda (cloth) committee and one of them pointed revolver to him, in the meantime, respondent nos. 2 and 3 came there and caught the neck of the appellant/informant and respondent no. 2 stabbed with knife in his stomach. The appellant/informant further alleged that both the respondents tried to snatch a bag containing a cash of Rs. 14,500/- from him and when he resisted, the respondent no. 3 took the knife from respondent no. 2 and stabbed again on appellant’s stomach and snatched golden ornaments and cash of Rs. 2000/- alongwith one mobile phone, thereafter, all the accused persons fled away from the place of occurrence, by threatening to kill him alongwith family members, if he would approach police.

4. After recording the fardbeyan of the appellant/informant, a First Information Report being Chapra Town P.S. Case No. 151 of 2012 was registered for the offences punishable under Sections 34 1, 323, 324, and 379/34 of the INDIAN PENAL CODE . Police, after completion of investigation, submitted charge-sheet No. 184/2012 under Sections 34 1/323/379/504/34 of the I.P.C.

5. The learned Chief Judicial Magistrate, Chapra took cognizance against the accused persons/respondents vide order dated 04.10.2012 under Sections 34 1/323/379/ 504/34 of the I.P.C. and committed the case to the court of session, where charges were framed against the accused persons under Sections 34 1/34, 323/34, 308/34, 379/34 and 504/34 of the I.P.C. vide order dated 18.05.2015, which the accused/respondent nos. 2 & 3 pleaded not guilty and claimed to be tried.

6. The prosecution has examined altogether eight witnesses, who are Tanvir Ahmad (PW-1); Arshad Parvez (PW-2); Ali Rashid (PW-3); Sanjay Singh (PW-4) Chandan Kumar (PW-5); Roshan Ahmed (PW-6); Navin Kumar (informant/PW-7) and Arvind Kumar Singh, Investigating Officer/PW-8.

7. The prosecution has also produced certain documents, which are as under:

Exhibit -1 – Fardbeyan of Informant

Exhibit -2 – Signature of the then S.H.O. Nandu Sharma on the Formal F.I.R.

Exhibit -3 – Signature of Investigating O Fardbeyan.

Exhibit -4 – Registration of case based on FIR and signature of SHO Nandu Sharma

Exhibit -5 – Charge-sheet.

8. The statement of the respondent nos. 2 & 3 was recorded under Section 313 of the Code, where they denied the evidences surfaced against them and claimed their complete innocence.

9. After the conclusion of trial, the learned Trial Court acquitted both the accused/respondents through impugned judgment from the charges levelled against them. Being aggrieved, with aforesaid order of acquittal appellant/informant (PW-7) preferred the present appeal.

10. Hence, the present appeal.

11. I have perused the impugned judgment and gone through the evidences available on record and also considered the rival submissions as canvassed by the learned