Prosecution must establish its case beyond reasonable doubt; lack of independent witnesses and material inconsistencies led to acquittal.

JUDGMENT :

(RAJEEV RANJAN PRASAD, J.)

Heard learned counsel for the appellant. Learned Special P.P. for the State is not present.

2. This appeal arises out of a judgment of acquittal dated 11.08.2021 (hereinafter referred to as the ‘impugned judgment’) passed by learned Additional Sessions Judge-I-cum- Special Judge, SC/ST, Jamui (hereinafter referred to as the ‘learned trial court’) in SC/ST No. 28 of 2010 arising out of Jamui P.S. Case No. 269 of 2009, G.R. No. 1582 of 2009.

3. By the impugned judgment, the learned trial court has been pleased to record a finding that the prosecution has not been able to prove its case. According to the learned trial court, the place of occurrence, manner of occurrence or the participation of the accused persons in the alleged occurrence could not be proved beyond all reasonable doubts, therefore, the materials present on the record are insufficient to warrant a conviction.

Prosecution Case

4. The prosecution story is based on a written application submitted by one Paramhans Paswan (PW-4) to the S.H.O. of Jamui Police Station. In his written application, the informant (PW-4) has alleged as under:-

“On 12.09.2009 (Saturday) at 04:00 PM, he had parked his tempo in the tempo stand at Sikandara road. According to him, his co-villager Shyam Sah, son of Gendo Sah had parked his Magic vehicle near his tempo from before. His father Gendo Sah and brother Ashok Sah were also there. At this stage, Shyam Sah snatched the key of the tempo and when he asked for the same, Shyam Sah abused the informant and assaulted him to which the local staffs intervened, stopped the quarrel and got his key returned but accused Shyam Sah threatened him with dire consequences and left from there. After some time, the informant moved with his tempo to his home. At 04:30 PM when he reached on the road near Achahri on way to his home, he found that on road Shyam Sah had parked his vehicle and was present there with his father and brother. He has stated that as soon as he reached near the vehicle, Gendo Sah said “sala aa gya jaan maar kr fek do”. On this, Shyam Sah and Ashok Sah both armed with khanti and Gendo Shah armed with a danda assaulted him and tried to sink him in the water, by that time, his brother Manoj Paswan was returning after attending his duty from police station and he tried to save the informant- appellant but he was also assaulted by the accused persons. The informant alleged that he and his brother both were assaulted and have received several injuries. He further alleged that Ashok Shah had taken out Rs.550/- which was his earning of the day and mobile phone and all the three accused had damaged his tempo. On hulla, local people had assembled and saved him from further assault. The accused persons called him in the name of his caste (‘dusad’).”

5. The allegations were investigated and police submitted a chargesheet against the accused persons under Sections 3 4 1, 323, 325, 504, 506, 307/34 of the INDIAN PENAL CODE (in short ‘IPC’) read with Section 3 (i) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short ‘SC/ST Act’). The learned Special Judge took cognizance of the offences on 30.11.2009 / 02.12.2009 under the Sections mentioned in the chargesheet. Thereafter, the charges were explained to the accused persons who denied the charges and claimed to be tried. Accordingly, the charges were framed on 28.11.2011