The court ruled that significant inconsistencies and doubts in witness testimony and FIR delay warranted acquittal, reaffirming that proof beyond a reasonable doubt is essential in criminal trials.

JUDGMENT :

(ASHUTOSH KUMAR, J.)

Both the appeals have been taken up together for hearing.

2. We have heard Mr. Sanjay Singh, the learned Senior Advocate for appellants/Abhay Kumar @ Abhay Sahni and Ram Babu Sahni in Cr. Appeal (DB) No. 411 of 2021 and Mr. Bimal Kumar, the learned Advocate for appellant/Jai Shankar Chaudhary in Cr. Appeal (DB) No. 322 of 2021.

3. The appellants/Jai Shankar Chaudhary and Abhay Kumar @ Abhay Sahni have been convicted under Sections 302 /34 of the IPC and Section 27 of the ARMS ACT and appellant/Ram Babu Sahni has been convicted under Section 302 /34 of the IPC by the learned Additional Sessions Judge-VII, Vaishali at Hajipur in Sessions Trial No. 280 of 2019, arising out of Jandaha P.S. Case No. 202 of 2018. By order dated 15.03.2021, all the three appellants have been sentenced to undergo R.I. for life each under Section 302 of the IPC and appellants/Jai Shankar Chaudhary and Abhay Kumar @ Abhay Sahni have been sentenced R.I. for five years under Section 27 of the ARMS ACT . The appellants have been directed to pay a fine of Rs. 50,000/- each under Section 302 of the IPC. In default of payment of fine, to further suffer R.I. for six months.

4. The written report was lodged by one Om Prakash Sahni, the elder brother of the deceased (P.W. 7) on 14.08.2018 that on 13.08.2018, his brother Manish Kumar (deceased) was called by the local BDO to his house. Later, when the deceased came back from the BDO’s house and was about to enter the chamber of Block Parmukh, appellant/Ram Babu Sahni ordered to kill him. On that exhortation, appellants/Jai Shankar Chaudhary and Abhay Kumar started firing on the deceased, as a result of which he got injured and fell down on the ground. Thereafter, the two assailants left the P.O. on motorcycle. On another motorcycle, appellant/Ram Babu Sahni and Binod Chaudhary fled from the P.O.

5. P.W. 7 and Anil Kumar Sahni (P.W. 2), who, at that time was the driver of the deceased, with the help of others, brought the deceased to the clinic of one Dr. Bindu Jha from where he was referred to a higher center for treatment. The deceased was then taken to a private hospital, viz., Ganpati Hospital, where he was declared dead.

6. The dead-body was then brought to Sadar Hospital, Hazipur where post-mortem examination was done on the body. In the meantime, the police party had also arrived.

7. Explaining the cause for the murder, P.W. 7 has asserted in the written report that on 02.08.2018, a no-confidence motion was staged against appellant/Jai Shankar Chaudhary, who was holding the charge of pramukh. In that proceeding, appellant/Jai Shankar Chaudhary had lost to the deceased by eight votes. P.W. 7 was threatened by the local MLA of Maner, viz., Umesh Singh Kushwaha, Binod Chaudhary, Ajeet Kumar and others after the elections, of dire consequences and that the deceased would not be allowed to continue as pramukh.

8. This was the factor which had worked for the killing of the deceased.

9. On the basis of the afore-noted written report, a case vide Jandaha P.S. Case No. 208 of 2018 dated 14.08.2018 was registered for investigation under Sections 302 , 120(B) and 506/34 of the INDIAN PENAL CODE and Section 27 of the ARMS ACT , 1959.

10. The police after investigation had submitted a charge-sheet against the appellants and five others.

11. The Trial Court, after having examined ten witnesses on behalf of the prosecution, convicted and sentenced the appellant only, as aforesaid, but acquitted th