A court's acquittal is unsustainable if crucial evidence is not brought forth, particularly if the prosecution fails to examine key witnesses, indicating investigative negligence.

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

Heard Mr. Surendra Kumar Mishra, learned counsel for the appellant, Mr. Rajesh Kumar, learned counsel for the Respondent No. 2 and Mr. Mukeshwar Dayal, learned Additional Public Prosecutor for the State.

2. This appeal has been preferred for setting aside the judgment of acquittal dated 19.10.2023 (hereinafter referred to as the ‘impugned judgment’) passed by learned Additional Sessions Judge III, Civil Court, Bhojpur, Ara (hereinafter referred to as the ‘learned trial court’) in Sessions Trial Case No. 256 of 2021 arising out of Shahpur P.S. Case No. 342 of 2019. By the impugned judgment, the learned trial court has been pleased to acquit the sole accused Binod Yadav @ Ravi Yadav @ Gope (Respondent No. 2 in the appeal) of the charges under Sections 34 1, 323, 326, 307, 504 and 506 of the INDIAN PENAL CODE (in short ‘IPC’) read with Section 34 IPC and Section 27 of the ARMS ACT .

Prosecution Case

3. The prosecution case is based on the fardbeyan of Pramod Kumar Yadav (PW-2) recorded by Nagendra Bhusan Tiwary, S.I. of Shahpur Police Station at the Police Station on 11.12.2019 at 19:30 Hours. In his fardbeyan, the informant has alleged that on the same day i.e. on 11.12.2019 at 06:45 Hours, he was going on his motorcycle from his house to his dalan. When he reached near the house of Baleshwar Yadav, who is the maternal grandfather of Binod Yadav @ Ravi Yadav @ Gope, one Rahul Yadav who is the servant of Binod Yadav dashed against his motorcycle. The informant told him that he was not driving cautiously then Rahul Yadav started abusing him. The informant asked him not to hurl abuse then Rahul Yadav pushed him from his motorcycle and started assaulting him by fists and leg. Due to intervention of some people, Rahul Yadav went from there. The informant returned to his house and while he was giving information to his family members about this incident, in the meantime, (1) Binod Yadav @ Ravi Yadav @ Gople, (2) Lallu Yadav, (3) Baleshwar Yadav and (4) Rahul Yadav who is servant of Binod Yadav came at the door of the informant and Baleshwar Yadav instigated his associates to shoot him. Binod Yadav fired at the informant from his pistol with an intention to kill him which hit his cousin Sajan Yadav on his arm due to which he became seriously injured. When the informant and other family members tried to catch the accused persons, they fled away brandishing the gun in the air. The informant alleges that the FIR named accused persons with an intention to kill him and his family members had shot at him due to which Sajan Yadav became seriously injured.

4. On the basis of the fardbeyan of the informant, Shahpur P.S. Case No. 342 of 2019 dated 11.12.2019 was registered for the offences punishable under Sections 34 1, 323, 326, 307, 504, 506, 34 IPC and Section 27 of the ARMS ACT . Upon investigation, a chargesheet bearing no. 268/20 dated 27.11.2020 was submitted against Binod Yadav @ Ravi Yadav @ Gope for the offences under Sections 34 1, 323/34, 326, 307, 504/34, 506/34 IPC and Section 27 of the ARMS ACT . On the basis of this chargesheet, learned Additional Chief Judicial Magistrate-1st, Ara took cognizance vide order dated 12.02.2021 of the offences under Sections 34 1, 323, 326, 307, 504 and 506 IPC read with Section 34 IPC and Section 27