The prosecution must prove the accused's guilt beyond a reasonable doubt, and significant discrepancies in eyewitness accounts can undermine the reliability of their testimonies.

JUDGMENT :

Sujit Narayan Prasad, J.

Prayer:

1. The instant appeal has been filed under Section 374 (2) of the Code of Criminal Procedure against judgment of conviction and order of sentence dated 21.04.1997, passed by learned Sessions Judge, Deoghar in Sessions Trial No.188 of 1994/ 5 of 1995, by which the appellant has been convicted under section 302/34 of IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/-. The appellant has been further convicted under Section 27 of the Arms Act and for that he has been sentenced to undergo RI for three years. Both the sentences are directed to run concurrently.

2. Before, proceeding with the case, it is pertinent to note that by the impugned judgment, two accused persons namely Ibrahim Mian and Kalim Mian (appellant herein) were convicted and sentenced as aforesaid. Accused Ibrahim Mian had filed Cr. Appeal (DB) No. 174 of 1997(P), which was abated by order dated 21.12.2023 of this Court, as appellant Ibrahim Mian had died during pendency of the said appeal.

Prosecution Case:

3. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case.

4. The prosecution case, in brief, as per the fardbeyan of the informant Sahood Mian (P.W.18) dated 26.061994 is that on 25.6.1994, the informant Sahood Mian along with his father Andu Mian (deceased) had gone to the house of his brother-in-law Saleem Mian situated in village Panhaiyatola to attend Milad.

5. On 26.06.94 at about 7.30 A.M., in the morning, they left the village Panhaiyakola for their village Fulkati, on their respective bi-cycles. At about 9.00 A.M. as soon as both of them reached to village Kathghari near boundary of Huro Mian, all of a sudden accused persons namely Kalim Mian (appellant herein), Ibrahim Mian, Ramjan Mian, Ashin Mian, Matha Mian and Chirkut Mian, variously armed, hiding behind the boundary came out and surrounded them.

6. Accused Ibrahim Mian fired at the victim Andu Mian from his pistol, which caused injury on his right hand and accused Kalim Mian also fired shot from his pistol at the chest of the victim and the victim Andu Mian immediately fell down at the spot. The informant raised halla, upon which several persons from nearby including Ansari Mian (P.W.12), Saleem Mian (P.W.1), Anjul Mian (P.W.2), Sharif Mian (P.W.7) and Rahamtulla Mian of village Fulkari rushed to the spot and saw Kalim Mian firing. Thereafter, seeing them, accused persons fled away.

7. It has been alleged that the victim had old enmity with the accused persons and therefore they committed murder. The informant with the help of the villagers brought his injured father to Madhupur Hospital to Dr. B.N. Das (P.W.20), from where his father was referred to Giridih Hospital and when his injured father was being taken to Giridih Hospital, he died at Madhupur Bazar. Informant has further stated that due to prior enmity between the parties, accused persons had killed his father.

8. On the basis of the fardbeyan FIR being Madhpur P.S. case no. 108/1994 dated 26.06.1994 was registered under against the accused persons Kalim Mian (appellant herein), Ibrahim Mian, Ramjan Mian, Ashin Mian, Matha Mian and Chirkut Mian, u/s 302/34 of IPC and 27 Arms Act.

9. After investigation police filed charge-sheet against the accused persons and cognizance of the offence was taken and the case was committed to the court of se