IMPORTANT POINT
The presumption of innocence and the burden of proof require that the prosecution must establish intent and sufficient evidence for a murder conviction.

JUDGMENT :

Pushpendra Singh Bhati, J.

1. This criminal appeal has been preferred by the appellant-State claiming the following reliefs:

“It is, therefore, most humbly and respectfully prayed that this leave to appeal may kindly be granted, appeal may kindly be allowed, impugned judgment dated 16.02.2006 so far as it relates to acquittal may kindly be quashed and set aside and the accused-respondents may kindly be punished and sentenced for the offence under section 302/34 IPC.”

2. As the pleaded facts and the record would reveal, on 11.07.2004 at around 9:30 p.m., one Mohan (complainant) gave Parcha Bayan (Ex.P-10) before the Police Station i.e. CHC Bijoliya stating that at the relevant time, the complainant was engaged in the work of Hamali and was residing with his family at Bijoliya for last 25 years.

2.1. It was further stated that on 11.07.2004, in the morning, when he went in connection with his work (labourer) to Aaroli, and when he returned back home at around 7-7:30 p.m., one Pappu (accused-appellant) armed with lathi, was sitting outside the complainant’s house. It was also stated that when the complainant reached his house, at that time, at around 8:00 p.m., accused-appellants Chhitar, his wife-Shanti and Pappu were abusing the complainant and his family.

2.2. It was further stated that thereafter, when the complainant went near a Temple, the aforesaid three persons i.e. accused-appellants, armed with lathis, followed the complainant and started beating him. Upon which, the complainant’s wife intervened, and she was also subjected to beatings at the hands of the accused party. The said act was intervened by Balu Madrasi, Salim Khan, Durga and others, who at the relevant time, were present at the place of incident, gathered and rescued the complainant and his wife from the clutches of the accused persons. During the said incident, the complainant’s wife got severely injured, and was taken in the Jeep belonging to one Laloo Seth to a hospital at Bijoliya, but upon reaching the hospital, the concerned doctor declared the complainant’s wife dead.

2.3. Upon the aforesaid Parcha Bayan (Ex.P-10), the case was to be pertaining to the offences under Sections 341, 323 & 302 IPC, whereupon an FIR bearing No.118/2004 (Ex.P-11) was registered under the said provisions of law and the investigation commenced accordingly, followed by arrest of the accused persons, namely, Pappu, Chhitar and Shanti vide Fards (Ex.P-18, 20 & 21 respectively). After investigation, the police filed a charge-sheet against the accused-appellants under Sections 302 & 323/34 IPC.

2.4. The learned Trial Court framed the charges against the accused-appellants under Sections 302/34 & 323/34 IPC, the same upon being read over to the accused-appellants, were denied by them and they claimed trial; the trial accordingly commenced.

2.5. During the trial, the prosecution produced witnesses (PW-1 to PW-15) and exhibited documents (Ex.P-1 to Ex.P-23); in defence, documents (Ex.D-1 to Ex.D-10) were exhibited. The accused-appellants were examined under Section 313 Cr.P.C., wherein while pleading not guilty, the accused-appellants stated that they had been falsely implicated in this case.

2.6. Thereafter, upon hearing the contentions of both the parties as well as considering the material and evidence placed on record, the learned Trial Court, vide the impugned judgment dated 16.02.2006, acquitted the accused-appellants of the charge against them under Section 302/34 IPC; convicted them under Section 323/34 IPC, but extended to them the benefit of Section 4 of the Probation of Offenders Act, 1958. Hence, the present appeal has been preferred by the appellant-State claiming the afore-quoted reliefs.

3. Learned GA cum AAG appearing on behalf of the appellant-State submitted that as per Parcha Bayan (Ex.P/10) of the injured witness PW.13-Mohan, the accused-respondents caused injuries to him and killed his wife-Mohini (deceased). It was further submitted that the aforesaid Parcha Bay