The acquittal of the accused was based on the prosecution's failure to prove the case beyond a reasonable doubt amidst significant inconsistencies in eyewitness testimonies.

JUDGMENT :

(Ravindra Kumar Agrawal, J.) :

1. Since both the appeals arise out of same crime and same sessions case, they are being heard and decided together by this common judgment.

2. Challenge in these appeals are the judgment of conviction and sentence dated 21.09.2023 passed by the Additional Sessions Judge, Durg in Sessions Case No. 130/2020 whereby the appellants have been convicted and sentenced as under :

All the sentences have been directed to run concurrently.

3. Brief facts of the case are that the deceased Shailesh Yadav was having shoe business and for the purposes of his business he borrowed a sum of Rs. 50,000/- from the accused Raj Mishra. Since he failed to repay the borrowed amount, the accused Raj Mishra was not happy with him and shown his angerness. On 10.03.2020 at about 10:15 am, the accused Raj Mishra called Shailesh Yadav through mobile phone near Andhra School, Camp-1, Bhilai to celebrate Holi festival. Shailesh went to the house of Raj Mishra along with his friend Manish Yadav. The accused Raj Mishra took them by his Car towards Andhra School. When they reached near Andhra School, the accused Raj Mishra came out from his Car and called his friends Rishabh Paswan, Munir Gupta, Ramesh Jangde, Gopirao, Somnath, Sunil Gupta and Ramkuber Gupta, who were in ambush near that placed armed with Lathi. When Shailesh deboarded from his Car, the accused Raj Mishra took an iron rod from his Car and all the accused persons started assaulting Shailesh. They also chased Manish Yadav, however, he fled away from the place of occurrence. When the witness Harishchand Yadav tried to intervene, the accused persons have threatened him also. Shailesh Yadav received various injuries on his head and other parts of his body. He fell down and went unconscious. The accused Raj Mishra runs his Car over the body of Shailesh and all the accused persons fled away. The deceased was firstly taken to Sparsh Hospital, Supela from where he was shifted to Sector-9 Hospital Bhilai, but he declared died.

4. Intimation about death of deceased Shailesh Yadav was given by the doctor to Station House Officer, Police Station Sector-6, Bhilai vide Ex. P/44 where the merg intimation Ex. P/43 was recorded by the police of police Station Bhilai Nagar. Unnumbered merg intimation was sent to the jurisdictional police station Vaishali Nagar, District Durg, where numbered merg intimation Ex.P/45 was recorded. The inquest of the body was prepared on 12.03.2020 in presence of the witnesses vide Ex.P/4 and dead body was sent for its