The significance of corroborative eyewitness testimony in criminal cases, with minor discrepancies not undermining evidence credibility, unless they affect core facts established beyond reasonable doubt.

JUDGMENT :

JITENDRA KUMAR, J.

All three appeals have been taken up together as they have been preferred against the same impugned judgment of conviction and order of sentence dated 31.07.2018 and 01.08.2018 respectively passed by learned Additional Sessions Judge-I-cum Special Judge, Munger in Sessions Trial No. 41 of 2016 arising out of Muffasil P.S. Case No. 230 of 2015, whereby all the appellants have been found guilty under Sections 302 , 341, 342 and 504 read with Section 34 of the INDIAN PENAL CODE and sentenced to undergo R.I. for life and to pay a fine of Rs. 25,000/- under Section 302 ; to undergo S.I. for one month and to pay a fine of Rs. 500/- under Section 34 1; to undergo S.I. for one year and to pay a fine of Rs. 1,000/- under Section 34 2 and to undergo R.I. for two years and to pay a fine of Rs. 5,000/- under Section 504 of the INDIAN PENAL CODE . The appellant/Rajesh Mahto has also been found guilty under Section 27 of the ARMS ACT and sentenced to undgero R.I. for three years and to pay a fine of Rs. 5,000/-. In case of default to pay the fines, they have been ordered to undergo additional S.I. for six months. All the sentenced have been directed to run concurrently.

2. The prosecution case as emerging from the fardebayan of the informant/Sanjeet Kumar, as recorded on 10.11.2015 at 06:30 PM by ASI/Arun Kumar Jha of Kotwali P.S. at emergency ward of Sadar Hospital, Munger is that the informant along with his brother Sanjay Kumar, wife/Kiran Devi and sister-in-law (Bhabhi)/Chandni Devi had gone to Nawagarhi market for making purchases for Diwali festival. From the market, they were returning at 05:30 PM and when they reached near Bajrangbali temple, all the appellants and one Dheeraj Kumar @ Shivam, who are their neighbors, surrounded them at N.H. 80 and started abusing. When his brother/Sanjay Kumar protested, the appellants/Rajesh Mahto, and Dheeraj Kumar, on exhortation by Harish Chandra Mahton, Juli Kumari and Anita Devi, shot at his brother. Dheeraj Kumar fired one shot and the appellant/Rajesh Mahto fired two shots. Consequently, Sanjay Kumar got injured and started bleeding and fell down. Thereafter, all the appellants fled away. After some time, the Officer-in-charge of Nayaram Nagar Police Station along with the informant went to the Sadar Hospital, Munger where Sanjay Kumar was declared dead during treatment. The reason behind the occurrence is stated to be the dispute between the prosecution side and the appellants with regard to a street in front of their houses. Ten days prior to the occurrence, the appellants had threatened that they would be killed.

3. On the basis of the fardebayan, Muffasil P.S Case No. 230 of 2015 was registered on 10.11.2015 against all the appellants and one Dheeraj Kumar @ Shivam for the offence punishable under Sections 34 1, 342, 504, 302 and 109 read with Section 34 of the INDIAN PENAL CODE and Section 27 of the ARMS ACT .

4. After investigation, charge-sheet bearing no. 19 of 2016 was submitted against all the FIR named accused persons including the appellants. However, case of Dheeraj Kumar @ Shivam was transferred to the Court of Juvenile Justice Board for inquiry. After cognizance, the case of the appellants was committed to the Court of Sessions and charges were framed against them on 17.05.2016 under Sections 34 1, 342, 504, 302 read with Section 34 of the INDIAN PENAL CODE against all the appellants and additional charge under Section 27 of the ARMS ACT was also framed against the appellant/Rajesh Mahto. The charges were read over to the accused persons which they pleaded not guilty and claimed to be tried.

5. During trial, the following eight witnesses were