The court held that the prosecution failed to prove charges against the appellants beyond reasonable doubt, leading to their acquittal; the victim is entitled to compensation under relevant legal provisions.

JUDGMENT :

JITENDRA KUMAR, J.

1. The present Appeal has been preferred against the impugned judgment dated 06.10.2010 and the order of sentence dated 07.10.2010, passed by learned Additional Sessions Judge, Fast Track Court No. 1 in Sessions Trial No. 790 of 2009, whereby the Appellants have been found guilty under Sections 452 , 324, 326 and Section 307 read with Section 34 of the Indian Penal Code and they have been sentenced to undergo R.I. for ten years and fine of Rs.5,000/- each under of the Indian Penal Code and R.I for five years and fine of Rs.2,000/- each under Section 452 of the IPC . However, they have not been sentenced under Section 324 and 326 of the . Moreover, in case of default to pay the fine, the Appellants are required to undergo additional R.I for one year. All the sentences have been directed to run concurrently.

Prosecution Case

2. The prosecution case arises out of Musahari P.S. Case No. 71 of 2008, registered on 29.07.2008 for the offences punishable under Section 452 , 324, 326, 307, 120-B read with Section 34 of the IPC against four persons, including the appellants and co-convict, Ram Sanjeevan Singh. The FIR was lodged on the basis of the fardbeyan of the victim, namely, Meera Devi by Sub-Inspector B.K. Sharma on 29.07.2008 at 9:15 hrs. at Dr. Rajesh Kumar’s Clinic, Muzaffarpur.

3. The prosecution case, as emerging from the fardbeyan, is that on the date of the alleged occurrence i.e on 27.07.2008, only the Informant and her seven years old minor daughter, Nishu Kumari was at her home and the other family members, like her husband and son were away from the village. As per the further case of the prosecution, on 27.07.2008, at 9 O’ Clock in the evening, she was sleeping alone and her minor daughter was sleeping on adjoining bed and when she was on the verge of sleeping, all of a sudden she felt the arrival of Brajesh Kishore Sharma like a dream and he was sitting on her chest putting his knees on her. His wife, Vibha Devi, was also standing beside her head and pressing her neck and mouth. Ram Sanjeevan Singh was also standing beside her, carrying a knife in his hand. Shashi Bhushan Sharma was also carrying knife. She started struggling for life (chatpatane lagi). On exhortation of Vibha Devi, Sanjeevan and Shashi Bhushan Sharma, Ram Sanjeevan Singh attacked her with his knife, injuring the left side of her stomach and blood started oozing out. Considering her dead, all the accused persons slowly left her room and fled away. It is the further case of the Informant that after the occurrence, she somehow came out of her house in unconscious condition raising halla and crying chor chor. But nobody came instantly to her rescue. When she was struggling for life at the door, her Gotini, Rangila Sharma, (the wife of her brother-in-law) came at her door after half an hour and helped her. She also informed all the concerned by mobile No. 9470307783. She has also claimed that all the accused persons are co-villagers and committed the occurrence on account of previous litigation going on between her husband and the accused Brajesh Kishore Sharma, in the Courts of Ranchi and Muzaffarpur.

Evidence of the Parties

4. During the Trial the following witnesses were examined on behalf of the Prosecution:

(i) P.W.1- Sarita Devi, who is Nanad of the Informant, (ii) P.W.2-