The omission of proper charge framing under relevant IPC sections led to a failure of justice; retrial was ordered to address these deficiencies.

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

Heard learned counsel for the appellant, learned Additional Public Prosecutor for the State and learned counsel for respondent nos. 2 to 6.

2. This appeal has been preferred by the victim/informant, under proviso to Section 372 of the Code of Criminal Procedure, 1973 (in short ‘CrPC’) (now Section 413 of the Bhartiya Nagrik Suraksha Sanhita (in short ‘ BNSS ’)) for setting aside the judgment and order dated 23.12.2023 and 02.01.2024 respectively passed by learned Additional District & Sessions Judge-IV, Jamui (hereinafter referred to as the ‘learned trial court’) in Sessions Trial No. 255 of 2021 arising out of Sikandara P.S. Case No. 114 of 2019. By the impugned judgment and order, the learned trial court has held that the prosecution failed to prove their case as alleged for the offences punishable under Sections 148 , 307, 341, 354-B and 506/149 of the INDIAN PENAL CODE (in short ‘IPC’) even as the learned trial court, on the other hand, held the respondents guilty of committing the offences punishable under Sections 147 , 323, 325/149 IPC but sentenced them only with the period undergone and by imposing a fine amount.

Prosecution Case

3. The prosecution case is based on a written application under the signature of the informant Surendra Yadav (PW-2) in which he has alleged as under:-

“On 05.05.2019 at 07:30 AM, the accused persons, namely, (1) Bhim Yadav (2) Bablu Yadav, (3) Chunni Devi, (4) Sharvan Yadav, (5) Sonu Kumar and (6) Rina Devi armed with farsa, iron rod, khanti and danda entered into the house of the informant with an intention to kill, attacked the family members of the informant. Bhim Yadav (respondent no. 2) assaulted Rajkumari Devi, wife of the informant on her head repeatedly by farsa as a result whereof his wife started bleeding profusely from her head and after being injured, she fell down. Bablu Yadav (respondent no. 4) slammed him down on the earth and assaulted him repeatedly as a result whereof he suffered torn injuries at three places on his head and his entire body was not working because of the assault given to him by lathi. Chunni Devi and Rina Devi both assaulted his wife, who was lying unconscious, by lathi. On hearing hulla, his neighbours started assembling but Sharvan Yadav having a revolver in his hand threatened all of them saying that if anybody would come to rescue them then they would be killed. Sonu was standing on the ‘rasta’ having a lathi in his hand and he was also taking side of Sharvan Yadav. When the daughter of the informant Chandni, who was already ill, came to save them then they assaulted his daughter, pressed her neck with an intention to kill whereafter his daughter fell down and became unconscious then all the accused persons started assaulting her by danda and when they thought that she has died then they left. After some time, son of the informant came home after taking his tuition then he took all of them to police station. ”

4. On the basis of the written application, Sikandara P.S. Case No. 114 of 2019 dated 05.05.2019 was registered under Sections 341 , 323, 448, 307, 354(B), 147, 148, 149 and 506 IPC. The occurrence took place at 07:30 AM and the formal FIR has been registered on the same day at 12:05 PM.

5. After investigation, police submitted a chargesheet bearing no. 149 of 2021 dated 29.06.2021 in which the Investigating Officer (I.O.) found that there are sufficient materials to proceed against the six named accused persons. After submission of chargesheet, the learned Magistrate took cognizance of the offences vide order dated 13.07.2021 and on finding that the case is triable by a court of sessions, committed the records to the court of sessions vide o