The prosecution must prove guilt beyond reasonable doubt; lack of key evidence undermines conviction.

JUDGMENT :

(Ramesh Chand Malviya, J.)

Heard learned counsel for the appellants and learned APP for the State.

2. The present appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) challenging the judgment of conviction dated 21.02.2013 and order of sentence dated 26.02.2013 passed in Sessions Trial No. 108 of 2005, arising out of Semra P.S. Case No. 34 of 2001, by learned Additional District and Sessions Judge-II, Bagha, West Champaran (hereinafter referred to as ‘trial Court’) by which the appellants have been convicted for the offence punishable under Sections 148 , 307 and 149 of INDIAN PENAL CODE and Section 27 of the ARMS ACT and sentenced to undergo rigorous imprisonment for 1 ½ years for the offence punishable under Section 148 of INDIAN PENAL CODE and further sentenced to undergo rigorous imprisonment for 5 years and fine of Rs. 1000/- each for the offence punishable under Section 307 of the INDIAN PENAL CODE . Moreover, in default of payment of fine, they will have to suffer additional 6 months rigorous imprisonment and for offence under Section 27 (1) ARMS ACT minimum 3 years sentence is given with a direction that all sentences shall run concurrently.

3. Heard Ms. Mira Kumari, Amicus Curiae for the appellant, and Mr. Abhay Kumar learned APP for the State.

4. The brief facts leading to the filing of the present appeal are that the informant Tiwari Uraon (PW-8) gave a written report to Officer-in-charge Chitaha O.P. (Simra P.S.) stating therein that on 15.11.2001 at about 8.15 PM, he was going to the house of his cousin and at about 8:20 PM in night five-six persons armed with gun came near informant’s house and started firing indiscriminately causing injury to the informant on both thighs, shoulder and neck. When informant cried, several villagers including cousin Harsh Uraon came there and in the light of torch, informant identified criminals as Rajendra Uraon, Rajeev Uraon @ Raju Uraon (Appellant no.3), Vijay Uraon (Appellant no.4), Surendra Uraon (Appellant no.2), Rajesh Uraon (Appellant no.1), and Nagendra Uraon. Further case of the prosecution is that criminals had come with the intention to kill informant and Harsh Uraon due to previous enmity with Harsh Uraon because Harsh Uraon had helped police in arresting the accused persons in Narayan Uraon murder case. The accused persons have earlier threatened to kill them.

5. On the basis of aforesaid written report of the informant, the case under reference Simra P.S. Case No. 34 of 2001 was registered and the police took up investigation and after completion of investigation, submitted charge-sheet under Sections 147 , 148, 149, 324 and 307 of the INDIAN PENAL CODE and Section 27 of the ARMS ACT showing investigation pending against Nagendra Uraon and Rajendra Uraon. Accordingly, cognizance was taken by the A.C.J.M. Bagha and the case was committed of the sessions for trial on 22.12.2004. Further the charges were framed against all the four appellants under Sections 147 , 148, 324 and 307 INDIAN PENAL CODE and Section 27 of the ARMS ACT .

6. The prosecution examined altogether 8 prosecution witnesses in this to substantiate the charges levelled against the appellants. Out of them PW-1 Ram Kishun Uraon, PW-2 Narain Uraon, PW-3 Amrendra Uraon, PW-4 Nagraj Uraon, PW-5 Harendra Uraon, PW-6 Shesh Nath Uraon, PW-7 Haresh Uraon and PW-8 Tiwari Uraon. Prosecution has also brought on record written application (F.I.R) as Ext.1, statement of Haresh Uraon marked as Ext. 1/B and Tiwari Uraon h