In criminal cases, the prosecution must prove guilt beyond a reasonable doubt; inconsistencies and lack of evidence can lead to acquittal.

JUDGMENT :

(ASHUTOSH KUMAR, J.)

Heard the learned counsel for the parties.

2. The sole appellant/Baij Nath Singh @ Shyam Nandan Sharma has been convicted for the offences under Sections 341 , 326/120(B), 307/120(B) and 302/120(B) of the INDIAN PENAL CODE (in short the IPC) and Section 27 of the ARMS ACT vide judgment dated 06.04.2022 passed by the learned Addtional Sessions Judge-III, Lakhisarai in Sessions Trial No. 88 of 2019 (CIS-1599/2019 and G.R. No. 1086/2009, arising out of Lakhisarai P.S. Case No. 511 of 2009. By order dated 13.04.2022, he has been sentenced to undergo imprisonment for life, to pay a fine of Rs. 20,000/- and in default of payment of fine, to further suffer R.I. for six months for the offence under Section 302 /120(B) of the IPC; to undergo R.I. for ten years, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer R.I. for six months for the offence under Section 307 /120(B) of the IPC; to undergo R.I. for five years, to pay a fine of Rs. 5,000/- and in default of payment of fine, to further suffer R.I. for six months for the offence under Section 326 /120(B) of the IPC; to undergo S.I. for one month, to pay a fine of Rs. 500/- and in default of payment of fine, to further suffer S.I. for a further period of fifteen days for the offence under Section 341 of the IPC and to undergo R.I. for five years, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer R.I. for a period of six months for the offence under Section 27 of the ARMS ACT .

3. All the sentences have been ordered to run concurrently.

4. One Shailesh Kumar Singh @ Shailesh Singh is said to have been killed at the hands of the appellant and others while he was traveling with his elder brother, viz., Arun Singh, who is the informant of this case.

5. Arun Singh (P.W. 1) lodged a fardbeyan which was recorded by Sub-Inspector/Rama Shankar Singh (P.W. 10) of Lakhisarai Town Police Station on 06.10.2009 at 07:10 A.M. in the clinic of one Dr. Himkar in Lakhisarai with respect to the occurrence. He has alleged that on the same day, he had proceeded to the sand collection site at about 06:30 in the morning along with his younger brother (deceased) in his Bolero vehicle. No sooner had the vehicle reached somewhat east of Vidyapeeth Chowk, he saw Dhillon Singh; the appellant; Anil Singh and the two sons of Anil Singh, whose name he did not know, standing on the main road. They signalled for stopping the vehicle. As soon as the vehicle was slowed down, the miscreants, including the appellant, started firing as a result of which, he himself and his brother (deceased) got injured. One Harinandan Singh, S/o Devkinandan Singh was also standing along with the accused persons. A vague motive for the crime has been suggested, viz., old enmity with the accused persons. Had people of the neighbourhood not arrived there, perhaps, both the brothers would have been killed. He has also alleged in the F.I.R. that Dhillon Singh and the appellant were carrying rifles in their hands and the other accused persons were armed with pistols. All the accused persons hailed from village-Balipur.

6. On this fardbeyan of P.W. 1, a case vide Lakhisarai P.S. Case No. 511 of 2009, dated 06.10.2009, was registered for investigation under Sections 341 , 324, 326, 307 and 120(B) of the IPC and Section 27 of the