The prosecution's failure to provide credible evidence, including the absence of a post-mortem report, resulted in the acquittal of the appellants from murder charges under the Indian Penal Code.

JUDGMENT :

ASHUTOSH KUMAR, J.

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

2. We have heard Mr. Ajay Thakur, the learned Advocate for the appellants (four in number in the two appeals) and Mr. Ajay Mishra, the learned APP for the State.

3. The appellants have been convicted under Sections 34 1, 323, 504 and 302/34 of the INDIAN PENAL CODE vide judgment dated 13.06.2017 passed by the learned Additional District & Sessions Judge-IV, Siwan in Sessions Trial No. 393 of 2014 (G.R. No. 2700 of 2012), arising out of Darauli P.S. Case No. 67 of 2012. By order dated 16.06.2017, they have been sentenced to undergo R.I. for one month under Section 34 1 of the IPC; R.I. for one year, to pay a fine of Rs. 1,000/- each and in default of payment of fine, to further suffer R.I. for three months under Section 323 of the IPC; R.I. for one year, to pay a fine of Rs. 1,000/- each and in default of payment of fine, to further suffer R.I. for three months under Section 504 of the IPC and 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 six months under Section 302 of the IPC.

4. The sentences have been ordered to run concurrently.

5. One Bigan Bind has been killed and his son and nephew, viz., Kush Kumar Bin and Dhanu Bin (P.Ws. 9 and 6 respectively) have been injured in the occurrence. The accusation against appellant/Ram Awadh Kishore Prasad (Cr. Appeal (DB) No. 1031 of 2017) is of assaulting the deceased on his head by means of a rami (iron rod). Kush Kumar Bin and Dhanu Bin are said to have been assaulted by appellants/Dashrath Sahni, Bechu Sahni and Kanhaiya Sahni. The deceased died after five days of the occurrence. The two injured persons, viz., P.Ws. 9 and 6 have received only superficial injuries.

6. The FIR has been lodged by Kush Kumar Bind (P.W. 9) who is the son of the deceased. He has alleged in his written report dated 25.07.2012 that a dispute had erupted between appellant/Ram Awadh Kishore Prasad and the deceased with respect to fixing of pegs in the water body for fishing. After a brief squabble, appellant/Ram Awadh Kishore Prasad gave a rami blow on the head of the deceased. He (P.W. 9) and Dhanu Bin (P.W. 6) were held back by appellants/ Dashrath Sahni, Bechu Sahni and Kanhaiya Sahni and were also assaulted by them. As a result of assault on the deceased, he received injuries on his head and fell down. The deceased was thereafter assaulted by all the appellants. In the meantime, many persons of the village arrived and seeing them, the appellants fled towards Darauli.

7. On the basis of the afore-noted written report by P.W. 9, a case vide Darauli P.S. Case No. 67 of 2012 dated 25.07.2012 was instituted for investigation against the appellants under Sections 34 1, 323, 324, 307, 504/34 of the IPC initially. Section 302 of the IPC was added vide order dated 06.08.2012.

8. At the Trial, the informant (P.W. 9) made a somersault and stated in his cross-examination that somebody else had drafted the written report and he was not aware of the contents of it. So far as the assault is concerned, he has supported the prosecution case to the extent of there being a dispute between the deceased and appellant/Ram Awadh Kishore Prasad with respect to fishing rights. The assault made on the deceased made him unconscious. He was taken to Darauli Hospital for treatment and from there, he was referred to Siwan and later to P