Inconsistencies in evidence, delay in filing the First Information Report, and lack of support for the prosecution case led to the acquittal of the appellant.

KAILASH PRASAD DEO, J.

1. Heard learned counsel for the appellant, Mr. Prabhat Kumar Sinha assisted by Mr. Diwakar Jha, Advocates as well as learned counsel for the State, Mr. Abhay Kumar Tiwari, Additional Public Prosecutor.

2. The instant Criminal Appeal has been preferred against the judgment of conviction and order of sentence both dated 23.12.2003 passed by learned Sessions Judge, Hazaribagh in Sessions Trial No. 262 of 1997 whereby the sole appellant, Bhuneshwar Mahto has been convicted for offence committed under Section 324 of the Indian Penal Code and awarded rigorous imprisonment for one year with a fine of Rs. 5000/- (fine amount shall be paid to the informant Sita Devi) and in default of payment of fine, appellant shall undergo further sentence of six months rigorous imprisonment. The appellant has been charged both under Section 302 and 201 of the Indian Penal Code but has been acquitted by the learned Trial Court.

3. Being aggrieved by the said impugned judgment of conviction and order of sentence, the present appeal has been preferred before this Hon’ble Court which has been admitted on 06.02.2004 and since then this Criminal appeal is pending before this Court.

4. The prosecution case is based upon fardbeyan of Sita Devi wife of Bhuneshwar Thakur (deceased) at Mufassil police station, Hazaribagh recorded by Sub-Inspector of police Krishna Kumar on 06.01.1997 at 3.30 p.m. where the informant has alleged that on Thursday (02.01.1997) at around 11.00 a.m. one snake-charmer was playing the game of snakes which was witnessed by Bhuneshwar Thakur (deceased) and other co-villagers, near the house of the appellant Bhuneshwar Mahto. The informant was also watching the same from behind. After some time Bhuneshwar Mahto (appellant) asked her husband that why he is not shaving his beard and cutting hair, upon which her husband disclosed that his son Dinesh Thakur has taken the instrument to Hazaribagh and as such the same will be done by tomorrow. The informant has alleged that upon this, Bhuneshwar Mahto became angry and started abusing her husband. When protest was made by her husband, then Bhuneshwar Mahto, who was having danda in his hand started assaulting her husband and the informant started crying but by that time the accused had inflicted several danda blows on her husband. When the villagers, who were present stopped him. Thereafter Bhuneshwar Mahto left assaulting the husband of the informant but by that time her husband has already fallen on ground and thereafter he has assaulted on his face, chest and neck by fist and also asked the villagers to leave the place. The villagers went for their houses and informant along with her son, Dinesh have tried to bring her husband to the house but he was unable to walk as he was in pain and became unconscious. The informant made several pleas to the accused, Bhuneshwar Mahto but he abused her and asked to go back to her house as, her husband shall be alright. When it was dark then informant along with her son, Dinesh went to her house to bring some articles to cover the body, by that time there was cold but when informant returned with the mattress, she does not found her husband at that place. The informant enquired about her husband from Bhuneshwar Mahto and his in-mates of the house who have disclosed that they have no knowledge, he might have gone to some place, go and search him. The informant tried to search her husband but she could not get whereabouts of him. Thereafter, on the next morning she went to inform her father-in-law, Gauri Hazam, who is working as a guard at Hazaribagh stadium and has disclosed about the occurrence.

In the meantime, she has searched her husband at all probable places but could not get whereabouts of her husband. On 06.01.1997 at around 10.00 a.m. one villager named Degni Devi, who is residing in front of her house came to her house and said, that a dead body is lying inside the well near her house. The informant went to the well an