The prosecution must prove its case beyond reasonable doubt, and discrepancies in witness testimonies and non-examination of the Investigator can lead to acquittal.

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

Heard learned counsel for the appellant, learned Additional Prosecutor for the State and learned counsel for the Respondent Nos. 2 to 6.

2. The appellant in the present appeal is seeking to challenge the judgment of acquittal dated 13.06.2022 (hereinafter referred to as the ‘impugned judgment’) passed by learned Sessions Judge, Muzaffarpur (hereinafter referred to as the ‘learned trial court’) in Sessions Trial No. 282 of 2013 whereby and whereunder the learned trial court has been pleased to acquit the Respondent Nos. 2 to 6 of the charges under Sections 148 , 341, 323, 324, 307, 427 and 504 of the INDIAN PENAL CODE (in short ‘IPC’).

Prosecution Case

3. The prosecution story is based on the fardbeyan of one Jagannath Prasad Singh (PW-4) before Sub-Inspector of Police Hareram Singh of Town Police Station, Muzaffarpur at 18:30 hours in Sadar Hospital, Muzaffarpur (Mail Ward). On the basis of his fardbeyan recorded on 11.12.2008, a formal FIR was registered on 14.12.2008 at 18:30 hours. In his fardbeyan, the informant has stated on 11.12.2008 at about 16:30 Hours in the evening, he was sitting in his verandah on the roof of his house along with Sushil Kumar Shahi, Navin Kumar, Nishant Saurav and the son of brother-in-law of Sushil Kumar Shahi who had brought the goods in the Maruti Van and had parked his vehicle bearing Registration No. BR06F 6951 towards south of the house on the road. When they were talking, in the meanwhile, (1) Sarvesh Chaudhary, (2) Ranjit Chaudhary, (3) Pinki Chaudhary, (4) Arun Chaudhary and (5) the brother-in-law of Ranjit Chaudhary whose name was not known and were forcibly taking over the possession of the land came armed with lathi, farsa, iron rod, sword and country-made pistol at the informant’s house and started damaging the Maruti Van of the relative of his tenant, namely, Sushil Kumar Shahi. They broke the glass of the vehicle and damaged the Maruti Van. The informant saw this occurrence and went to the gate where the brother-in-law of Ranjit Kumar came and put the pistol on his temple (‘kanpatti’). The accused (6) Laxmi Kant Jha @ Panditjee and (7) Murari who is the munshi of Sarvesh Chaudhary both caught hold of him and Sarvesh Chaudhary ordered to shoot him. The informant’s son, namely, Arish Kumar, the tenant Sushil Kumar Shahi, Nishant Saurav, Navin Kumar reached there and tried to pacify the matter. In the meanwhile, Sarvesh Chaudhary assaulted the informant’s son by sword on his head due to which he suffered serious injury and the accused persons snatched his golden chain weighed 10 grams. In the meanwhile, 7-8 unknown persons of Sarvesh Chaudhary came there and all assaulted Sushil Kumar Shahi, Nishant Saurav and Navin Kumar by iron rod and lathi due to which they became seriously injured. Ranjit Chaudhary snatched the golden chain of Nishant Saurav. When the informant and others raised hulla, the members of the locality, namely, Sitaram Rai, Bharat Paswan, Parmanand Thakur, Samdhi and many other people came and pacified the matter. The police reached at the place of occurrence and the injured persons were taken to the Sadar Hospital. The reason of the alleged occurrence is to compromise the old ongoing litigation due to which the accused persons armed with lathi, farsa, sword, iron rod and country-made pistol came at the door of the informant and damaged the Maruti Van bearing Registration No. BR06F/6951 by iron rod. On protest, the above-named accused persons surrounded his son Arish Kumar, tenant Sushil Kumar Shahi, Nishant