Trial courts must ensure the presence of key witnesses; failure to secure witness testimony can lead to acquittal despite oral evidence of injuries.

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

Heard Mr. Rohit Kumar, learned counsel for the appellant, Ms. Shashi Bala Verma, learned Additional Public Prosecutor for the State and Mr. Ritesh Kumar, learned counsel for Respondent Nos. 2 to 6.

2. By filing this appeal, the informant-appellant has challenged the judgment dated 31.07.2024 (hereinafter referred to as the ‘impugned judgment’) passed by learned Additional Sessions Judge-10^th, East Champaran at Motihari (hereinafter referred to as the ‘learned trial court/trial court’) in Sessions Trial No. 432 of 2011, CIS No. 8022 of 2015 arising out of Raxaul P.S. Case No. 189 of 2009 to the extent that the impugned judgment has acquitted Respondent Nos. 2 to 6 of the charges punishable under Sections 324 , 325 and 307 of the INDIAN PENAL CODE (in short ‘IPC’).

Prosecution Case

3. The prosecution case is based on the fardbeyan of Nandu Mahto (PW-7) recorded by Z.N. Khan, S.I. of Raxaul Police Station at Primary Health Centre on 20.11.2019 at 11:15 hours. In his fardbeyan, he has stated that in the morning of 20.11.2009 when he was present in his house, all the accused persons, namely, (1) Nawal Kishore Thakur, (2) Brij Kishore Thakur, (3) Awadh Kishore Thakur, (4) Raj Kishore Thakur & (5) Shyam Kishore Thakur tried to uproot the Naad (feeding utensil for cattle) and also untied the buffalo from the khutta and attempted to take away the buffalo. All the five accused persons are neighbours of the informant. On seeing their act, the informant came running and tried to prevent them from doing the same then Nawal Kishore Thakur armed with lathi instigated his brothers to kill Nandu Mahto (the informant) and said that as long as Nandu Mahto is alive, he would never allow them to have possession over the land. Thereafter, all five persons went to their home and came back armed with farsa, sword and lathi. As soon as they returned, Raj Kishore Thakur armed with farsa with an intention to kill gave farsa blow to Nandu Mahto. Nandu Mahto somehow tried to save himself still got head injury and fell on the ground. When he fell down, Nawal Kishore Thakur and Brij Kishore Thakur started beating Nandu Mahto with lathi. Again Raj Kishore Thakur gave farsa blow to Nandu Mahto but saved himself. When the informant Nandu Mahto started shouting, his brother Bindeshwary Mahto, wife Gyatri Devi, daughter Kavita Kumari came running from his house to protect him, then Nawal Kishore Thakur assaulted his wife with lathi. His wife attempted to obstruct the lathi blow with her left hand and in the process, she suffered injury on her hand. His brother Bindeshwari Mahto was assaulted by sword blow of Shyam Kishore Mahto and his daughter was slammed down to the ground by Nawal Kishore Mahto. When one co-villager Parmanand Mahto came to save them, he was also beaten up as a result of which his ear started bleeding. Other co-villagers, namely, Dinesh Mahto, Lakhraj Mahto, Gaurishankar Mahto started to assemble there. On seeing people coming all the five accused fled away from the place of occurrence to their house. While running away, Shyam Kishore Thakur snatched the gold chain of the informant’s wife. On reaching home, the accused persons started pelting stones and bricks on the informant and his family. The reason of dispute is the seven dhurs of land lying in front of the house of the informant which the accused persons wanted to take possession of. Thereafter, the informant and his family members were taken to the Primary Health Centre for treatment.

4. On the basis of the fardbeyan of the