Convictions based on familial testimonies alone, without corroborating evidence, cannot uphold; insufficient evidence warrants acquittal.

JUDGMENT :

ASHUTOSH KUMAR, J.

Both the appeals have been taken up together and are being disposed off by this common judgment.

2. Pankaj Kumar Pandey and Lal Babu Yadav are the appellants in Cr. Appeal (DB) No. 202 of 2016, whereas Binod Das is the appellant in Cr. Appeal (DB) No. 274 of 2016.

3. Mr. Jagnnath Singh and Ms. Renu Jha, the learned Advocates have appeared for appellant No. 1 & 2, namely, Pankaj Kumar Pandey and Lal Babu Yadav [Cr. Appeal (DB) No. 202 of 2016] respectively, whereas appellant/Binod Das [Cr. Appeal (DB) No. 274 of 2016] has been represented by Mr. Milind Kumar Mishra, the learned Advocate.

4. The State, in both the appeals, has been represented by Mr. Dilip Kumar Sinha, the learned APP.

5. All the three appellants have been convicted for the offence under Section 364(A)/34 of the IPC, whereas appellants/Pankaj Kumar Pandey and Lal Babu Yadav have also been convicted for the offence under Section 307 /34 of the IPC. Additionally, appellant/Binod Das has been held guilty for the offence under Section 27(1) of the ARMS ACT . The judgment of conviction has been delivered by the learned Additional Sessions Judge-II, Bagaha, West Champaran on 10.02.2016 in Sessions Trial No. 183 of 2005/Sl. No. 837 of 2015 arising out of Choutarwa P.S. Case No. 37 of 2000.

6. The other accused, who was put on Trial along with the appellants, namely, Rajesh Das has been acquitted.

7. By order dated 11.02.2016, all the three appellants have been sentenced to undergo R.I. for life, to pay a fine of Rs. 5,000/- each and in default of payment of fine, to further suffer R.I. for three months for the offence under Section 364(A)/34 of the IPC. Appellants/Pankaj Kumar Pandey and Lal Babu Yadav have further been sentenced to undergo R.I. for ten years, to pay a fine of Rs. 5,000/- each and in default of payment of fine, to further suffer R.I. for three months for the offence under Section 307 /34 of the IPC. Appellant/Lal Babu Yadav has also been sentenced to undergo R.I. for three years, to pay a fine of Rs. 5,000/- and in default of payment of fine, to further suffer R.I. for three months for the offence under Section 27(1) of the ARMS ACT .

8. The sentences have been ordered to run concurrently.

9. A peculiar case has been lodged by the brother of the victim, namely, Shaukat Ali (P.W. 3) on 11.04.2000. According to the fardbeyan lodged by him, his younger brother/victim/Firoz Ali (P.W. 4) had gone to the market on 10.04.2000 to bring battery. However, he did not return till late in the night. A search was made for him but to no avail. On 11.04.2000, i.e., on the next day at about 09:00 P.M, P.W. 3 heard the cries of his brother/P.W. 4. P.W. 3 was alarmed to hear the voice of P.W. 4. He ran in the direction of the voice and found that his brother/the victim was lying on the ground and his clothes were drenched with blood. He called other members of his family and with their help, took P.W. 4 to hospital on a jeep. On way, P.W. 4 informed him that while he was going to the market and reached near the shop of appellant/Binod Das, he saw appellant/Lal Babu Yadav, who took him to a shop for having food. Along with him, appellant/Pankaj Kumar Pandey was also there. Chicken was purchased for seventy rupees and it was prepared in the shop of appellant/Binod Das. Appellant/Binod Das runs a tailoring shop in the locality. Thereafter, appellant/Lal Babu Yadav took him towards his house. About hundred meters before the house of Lal Babu Yadav, they stopped and in th