Credible eyewitness testimony can substantiate charges in criminal cases, regardless of the absence of motive, provided it instills confidence in the court.

JUDGMENT :

(RAMESH CHAND MALVIYA, J.)

Heard Mr. Vinay Kirti Singh, learned Senior Advocate for the appellant assisted by Mr. Akhileshwar Singh and Mr. Ventatesh Kirti and Ms. Anita Kumari Singh, learned APP for the State.

2. The present appeal has been filed under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C’) challenging the judgement of conviction dated 28.02.2013 and order of sentence dated 05.03.2013 passed in Sessions Trial No. 473 of 2007 in connection with Agiaon Bazar P.S. Case No. 71 of 2005 dated 21.12.2005 passed by, Adhoc Addl. Sessions Judge Ist (FTC), Ara, whereby and whereunder the appellant have been convicted for the offence under Section 307 of INDIAN PENAL CODE and under Section 27 of the ARMS ACT and sentenced to undergo rigorous imprisonment for a period of ten years and imposed a fine of Rs. 10,000/- for the offence punishable under Section 307 INDIAN PENAL CODE and on failure of payment of fine, the appellant will further sentence to simple imprisonment for three months, and for offences punishable under Section 27 of the ARMS ACT he has been further sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 5000/- and in default of payment of fine he shall further undergo simple imprisonment for one month.

3. The brief facts leading to the filing of the present appeal on the basis of the fardbeyan of informant Umashankar Singh who is injured has given statement to ASI Vijay Bharat Singh of Agiaon Bazar P.S. in Piro Primary Health Centre on 21.12.2005 at 3:00 PM, that on 21.12.2005 at about 1:00 PM, when he and his cousin Jai Prakash Singh were going to Bazar and reached at the east side of Middle School, they saw the appellants, namely, Ram Chela, Jaggi, Subhash, Ranjan and Santosh surrounded them and asked themselves to kill informant, upon which Ranjan took out pistol and fired at him causing injury on the upper part of his chest. At that time his cousin Kamlesh Singh raising alarm fled away and the informant in injured state entered into the school and fell down on the ground. On hearing the sound of firing, people when came there the accused persons fled away but the accused persons were searching him for killing. The family members of the informant brought informant to Piro Primary Health Centre. for treatment. He has stated that as he had injuries on the right side of the chest, so he was unable to put his signature and due to this he put his thumb impression before Baliram Singh (his father).

4. Further on the basis of Fardbayan of informant Agiaon Bazar P.S. Case no.71 of 2005 dated 21.12.2005 under Section 307 /34 IPC and under Section 27 of Indian ARMS ACT has been registered and after investigation chargesheet against this appellant has been submitted by the Investigating Officer and kept investigation pending against rest accused persons and accordingly cognizance against this appellant has been taken by the learned Chief Judicial Magistrate, Ara. The appellant has denied the evidence of prosecution taking plea of false implication in the case and declared himself innocent.

5. The prosecution examined altogether eight witnesses, to substantiate the charges levelled against the appellant, who are namely, PW-1 Kamlesh Singh, PW-2 Baleshwar- Singh, PW-3 Shailesh Singh, PW-4 Umashankar Singh, PW-5 Ramdeo Prasad Singh (Investigating Officer), PW- 6 Indradeo Narain Chaturvedi, PW-7 Dr. Dilip Kumar Pandey (Medical Officer) and PW-8 Paras Nath Singh have been examined. Out of whom PW-6 Indradeo Narain Chaturve