The prosecution's failure to produce key evidence, including post-mortem and inquest reports, resulted in doubt necessitating acquittal for serious charges while establishing guilt under lesser injuries.

JUDGMENT :

Sujit Narayan Prasad, J.

1. Before proceeding further, it would be apt to mention herein that in compliance of the order passed by this Court, affidavit has been filed on behalf of respondent- State, annexing therewith the letter of Officer-in-Charge, Mahgama Police Station, Godda issued vide Memo No. 63/2025 dated 29.01.2025, who after verification has found that out of the 22 appellants, only 12 appellants as named above, have been found to be alive, in support thereof, the copy of their Adhar Card with their signature/thumb impression has been annexed with the affidavit. Further, in support of the dead appellants, the death certificate and in absence thereof the certificate of Mukhiya has been annexed with the affidavit.

2. Taking into consideration the pleading as made in the aforesaid affidavit, the Co-ordinate Bench vide order 07.07.2025 has abated the appeal against the said 10 appellants and the instant appeal is pending consideration for the surviving 12 above named appellants. For ready reference, order dated 07.07.2025 passed by this Court is quoted as under:

Affidavit has been filed in pursuance to the order dated 09.01.2025 passed by Coordinate Bench of this Court regarding the live status of one or the other appellants.

2. The details have been furnished in the said affidavit. Although Mr. Bhola Nath Ojha, learned Special Public Prosecutor appearing for the State, has submitted that some typographical error has crept up in paragraphs 2 and 3 of the affidavit in making reference of the names which is apparent from the face of Annexure-A Series available at page-7, therefore, he has prayed to allow him to press page7 only leaving aside the statement made at paragraphs 2 and 3 of the affidavit.

3. It has been submitted by referring the name of Baiju Yadav (Appellant No.4), Bhujangi Yadav (Appellant No.6), Banarsi Yadav (Appellant No.7), Kavati Yadav alias Kitabi Yadav alias Kamati Yadav (Appellant No.9), Damodar Yadav (Appellant No.11), Rajendra Yadav (Appellant No.16), 2 Guresh Yadav (Appellant No.17), Dukhan Yadav (Appellant No.18), Hira Yadav alias Hari Yadav (Appellant No.21) and Chhabbu Yadav (Appellant No.22) that they have died, therefore, prayer has been made to abet the appeal so far as it relates to the aforesaid appellants.

4. The aforesaid fact has not been disputed by learned senior counsel.

5. No application by any of the legal heirs of the appellants abovenamed has been filed to pursue the matter on behalf of the abovenamed appellants.

6. Since no application has been filed by the legal heirs of any of the aforesaid appellants, said to be died, as also considering Annexure-A as available at page-7 to the counter affidavit, the appeal is abetted so far as it relates to Baiju Yadav (Appellant No.4), Bhujangi Yadav (Appellant No.6), Banarsi Yadav (Appellant No.7), Kavati Yadav alias Kitabi Yadav alias Kamati Yadav (Appellant No.9), Damodar Yadav (Appellant No.11), Rajendra Yadav (Appellant No.16), Guresh Yadav (Appellant No.17), Dukhan Yadav (Appellant No.18), Hira Yadav alias Hari Yadav (Appellant No.21) and Chhabbu Yadav (Appellant No.22) is concerned.

7. Mr. A.K.Kashyap, learned senior counsel has argued the matter but due to paucity of time argument could not be concluded.

8. Let this matter be listed tomorrow, i.e., on 08.07.2025.”

Prayer:

3. The instant appeal has been filed under Section 374 (2) of the Code of Criminal Procedure against judgment of conviction dated 5^th March, 1997 and order of sentence dated 11^th March, 1997, passed by learned Additional Sessions Judge 1^st, Godda in Sessions Trial No.249 of 1984/42