The court established that the prosecution must prove charges beyond reasonable doubt, affirming convictions under lesser charges while acquitting on more severe charges due to insufficient evidence.

JUDGMENT

RAJEEV RANJAN PRASAD, J.

This appeal has been filed against the judgment of acquittal dated 12.02.2024 passed by learned Additional District & Sessions Judge-V, Barh, District-Patna (hereinafter referred to as the ‘learned trial court’) in Sessions Trial No. 297 of 2009, arising out of Bakhtiyarpur P.S. Case No. 147 of 2005 by which the learned trial court has acquitted respondent nos. 2 to 7 of the charges under Sections 307 /149, 147, 148, 324/149 of the INDIAN PENAL CODE (in short ‘IPC’) and Section 27 of the ARMS ACT and convicted them for the offences punishable under Sections 148 and 323/149 IPC.

2. Earlier vide order dated 08.05.2024, this Court called for the trial court records which have been received and are available on the record.

3. From the report as contained in Memo No. 38 dated 06.01.2025 of the Superintendent of Police (Rural), Patna it appears that respondent no.7 namely Sone Lal Singh died during pendency of the appeal. Thus, this appeal against respondent no.7 stands abated.

Prosecution case

4. The prosecution story is based on the written report dated 09.06.2005 of Mahendra Singh submitted to the SHO, Bakhtiyarpur Police Station. In his written report, the informant has stated that west to his house, a barren land of Jugeshwar Singh is situated. The informant has stated that construction of western side wall was going on and for this purpose rods were erected. On 09.06.2005, in the morning at 8:00 AM, Jugeshwar Singh and Sone Lal Singh asked the informant why he was erecting balcony (chhazza) on his land on which the informant asked them to get the land measured then it is alleged that Jugeshwar Singh and Sone Lal Singh started abusing him and brought gun from his house. The other accused persons also brought arms from their houses. It is alleged that Mundrika Singh and Dilip Singh, with an intention to kill, fired at the informant and his son as a result of which the informant received injury on his forehead, chest and leg and his son Rakesh Kumar sustained injury on his left shoulder. The nearby people have witnessed the occurrence and they can depose on asking.

5. On the basis of this written application, FIR being Bakhtiyarpur P.S. Case No. 147 of 2005 has been registered under Sections 147 , 148, 149, 324 and 307 IPC and Section 27 of the ARMS ACT against accused persons, namely, (1) Jugeshwar Singh, (2) Sone Lal Singh, (3) Dilip Singh (4) Shailendra Singh, (5) Satish Singh, (6) Rishi Singh, (7) Brij Ballabh Singh and (8) Mundrika Singh. After completion of investigation, police submitted charge-sheet bearing number 193/05 dated 25.10.2005 against accused Dilip Singh, Shailendra Singh, Rishi Singh, Brij Ballabh Singh and Satish Singh. Upon submission of charge-sheet, the learned Magistrate took cognizance vide order dated 29.10.2005 of the offences under Sections 147 , 148, 149, 324 and 307 IPC. The two accused namely Mundrika Singh and Yugeshwar Singh were not sent up for trial. Thereafter, a supplementary charge-sheet bearing No. 174 of 2006 dated 05.07.2006 was filed against Sone Lal Singh and the learned Magistrate took cognizance of the offence under Sections 147 , 148, 149, 324 and 307 IPC. Finding that the offences of which cognizance was taken by the learned Magistrate are triable by the court of Sessions, the learned Magistrate committed the records to the court of Sessions vide order dated 22.08.2006. On receipt of the records, Sessions Trial No. 297 of 2009 was registered where charges were framed on 01.04.2015 under Section 307 /149, 147, 148, 324/149 IPC and 27 of the ARMS ACT and explained to