The prosecution must prove intent and circumstances for a conviction under Section 307 IPC; otherwise, the accused benefit from reasonable doubt.

JUDGMENT :

CHANDRA SHEKHAR JHA, J.

1. The present appeal has been preferred by the appellants-convicts under Section-374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) challenging the impugned judgment of conviction dated 10.06.2005 and order of sentence dated 13.06.2005 passed by learned Additional Sessions Judge-cum-Fast Track Court No. 3, Madhubani in Sessions Trial No. 6 of 1993 arising out of Bisfi P.S. Case No. 147 of 1991 whereby appellant nos. 1 and 7 have been convicted for the charges under Sections 307 /149 of the IPC and Section 148 of the IPC and they have been sentenced to undergo R.I. for five and two years respectively and remaining appellant no(s). 2 to 6 have been convicted for charges under Section 307 /149 of the IPC and Section 147 of the IPC and they have been sentenced to undergo R.I. for five years and one year respectively. All aforesaid sentences ordered to run concurrently.

2. The brief facts of the prosecution case is that on 04.08.1991 at about 8:00 AM the informant Ram Gopal Thakur (P.W. 4) was transplanting the paddy seedlings by the labourers in his filed bearing old khesra no. 2088/new khesra no. 2446 situated at village Pokhrouni Sahadulpurtola, P.S. Bisfi. Distt.-Madhubani. In the meantime his co-villagers accused Sukhdeo Sahani, Sheo Lal Sahani, Lakshmi Sahani and Maheshwar Sahani armed with lathi, Amir Chandra Sahani and Ganesh Sahani armed with garasa, Laxmi Sahani armed with lathi came to the field of the informant. Accused Sukhdeo Sahani forebade the informant from transplanting the paddy seedlings and asked why he purchased the same land to which Sukhdeo Sahani intended to purchase. The informant did not reply and continued to transplant the paddy seedlings. Then accused Amir Chand Sahani ordered to kill the informant on which accused Ganesh Sahani gave a garasa blow on the head of the informant with intention to kill him by saying that today he will be killed. Accused Amir Chandra Sahani assaulted the informant by means of lathi which caused injury below the right knee of the informant. Accused Laxmi Sahani assaulted by means of lathi on his forehead above the right eye. Accused Sheo Lal Sahani assaulted by means of lathi which caused injury on the left hand of the informant. Accused Sukhdeo Sahani and Maheshwar Sahani assaulted severely to the informant by fists and slaps. The informant became seriously injured due to the assault caused by the accused persons and blood began to ooze from his head and he fell down. The informant made alarm on which co-villagers rushed there and saw the occurrence and saved the informant from further assault. They brought the informant to the clinic of doctor (P.W. 5), who treated the informant.

3. The fardbeyan of the informant was recorded on 06.08.1991 at 3:00 PM at the clinic at Chahuta on the basis of which Bisfi P.S. Case No. 147 of 1991, was registered against accused persons for the offences under Sections 147 , 148, 149, 307, 323, 324 and 325 of the INDIAN PENAL CODE , later on Section 326 of the IPC was also added. Upon completion of investigation charge-sheet was submitted under Sections 147 , 148, 149, 326, 307 and 323 of the IPC against all accused persons in the court of learned CJM, Madhubani, who took cognizance and subsequently the case was committed to the court of Sessions on 04.12.1992 under Section 209 of the Cr.P.C. for trial and disposal.

4. Learned Trial Court on the basis of materials available on record explained charges against appellants-accused, which they pleaded “not guilty” and claimed trial.

5. To substantiate its case, the prosecution has examined altogether 6 witnesses & 4 defence witness. They are as:-

6. Apart from the oral evidence, the prosecution has also proved the following documents in order to prove the charges & two documents have been placed by defence:-

7. The statement of the appellants-accused were recorded under Section 313 of the Code after stating them incriminating evidences/c