In criminal proceedings, the prosecution must prove guilt beyond a reasonable doubt; any doubts benefit the accused, making acquittal appropriate where evidence is inconsistent or insufficient.

JUDGMENT :

SUDHIR SINGH, J.

1. The present criminal appeal has been preferred under Section 413 of the B.N.S.S. against the judgment of acquittal dated 08.10.2024 passed by the learned Additional Sessions Judge-V, Begusarai in Sessions Trial No. 1027 of 2023, arising out of Nawkothi P.S. Case No. 21 of 2021, whereby Respondent Nos. 2 to 8 have been acquitted by the learned Trial Court from the charge of Sections 302 /34 and 120(B) of Indian Penal Code and Section 27 of the Arms Act.

2. The prosecution case, as per the fardbeyan of the informant, is that on 16.02.2021, the informant, along with his father, Late Ganesh Poddar, and his brother, Chandan Kumar, reached the kirana shop of Bauelal Sahani at Devpura Chowk on a motorcycle, coming from Vishnupur Chowk. While they were sitting on chair and conversing, at about 4:45 p.m., two motorcycles arrived at the spot. On one motorcycle (a Glamour), Sanjeev Kumar Singh, Swet Kumar, and Amit Kumar were riding, and on the other, Subhakar Mishra, Vijay Shankar Mahto, and Alok Kumar were seated. All of them were armed with weapons. Sanjeev Singh opened fire with a pistol at the informant’s father, who, after being hit, tried to run inside the shop. Thereafter, Swet Kumar and Amit Kumar fired indiscriminately at the informant’s father, and the bullets struck him, causing him to collapse. When the informant attempted to save his father, the accused also fired at him, and the bullet narrowly missed his temple. Following this, the accused persons, while waving their weapons and firing, fled the scene on their motorcycles towards Samsa. On hearing the gunshots, people from the locality gathered and rushed the injured Ganesh Poddar to a Doctor. However, on the way, at Saidpur Chowk, he succumbed to his injuries and died. The informant’s further alleged that Ram Ashish Sahni, Kesari Nandan Mishra, Bhola Paswan, Dharmendar Bharti, and Bhavesh Kumar were also involved in the incident as they had previously conspired and issued threats to kill his father. It was also alleged that Sanjeev Singh had earlier demanded ransom from the informant and threatened him with dire consequences.

3. On the basis of fardbeyan of the informant, Nawkothi P.S. Case No. 21 of 2021 was instituted under Sections 302 /34 and 120(B) of Indian Penal Code and Section 27 of the Arms Act and investigation was taken up by the Police. The Police after investigation submitted charge-sheet against Respondent Nos. 2 to 8 under /34, 120(B) of I.P.C. and of Arms Act and, accordingly, cognizance was taken. Thereafter, the case was committed to the Court of Sessions. Charges were framed against the accused persons to which they pleaded not guilty and claimed to be tried.

4. During the trial, the prosecution examined altogether six prosecution witnesses i.e. PW1- Chandan Kumar, PW2- Amresh Kumar Poddar @ Tuntun Poddar, PW3- Bauelal Sahani, PW4- Dr. Rajesh Kumar, PW5- Md. Fakhre Alam & PW6- Tribhuwan Kumar Thakur. The prosecution has also produced certain documents which were marked as ‘Exhibits’ i.e., Ext. 1- Signature of PW-1 Chandan Kumar as a witness on fardbeyan, Ext. 2- Signature of PW-2 Amresh Kumar @ Tuntun Poddar on fardbeyan, Ext. 3- Signature of PW-3 Bauelal Sahani on seizure list, Ext. 4- post mortem report, Ext. 5- FIR and signature of PW-5 Md. Fakhre Alam (IO) on FIR, Ext. 1/2- Writing and Signature of Tribhuwan Thakur (PW-6) on fardbeyan, Ext. 1/3- Writing and Signature of endorsement by Md. Fakhre Alam (PW-5) on fardbeyan and Ext. 3/1- Writing and Signature of Tribhuwan Thakur (PW-6) on seizure list of two khokha and three live cartridges and Ext. 6- Charge Sheet No