IMPORTANT POINT
The prosecution failed to prove the appellant's guilt beyond a reasonable doubt due to contradictions in witness testimonies and absence of corroborating evidence.

JUDGMENT :

It is necessary to highlight certain correction required which has not been made at an earlier stage and the office has not taken pain at the time of admission to correct it and they have not made objection on the same point and during the course of dictation, it came to fore that in the impugned judgment of conviction, “Bajpatti P.S. Case No. 18 of 2002” has wrongly been mentioned as “Bajpatti P.S. Case No. 8 of 2002”. From the perusal of all the record, it is found that everywhere Bajpatti P.S. Case No. 18 of 2002 has been mentioned. Even in the FIR, charge-sheet mentions Bajpatti P.S. Case No. 18 of 2002. However, the facts as asserted in judgment are same as mentioned in the FIR. Hence, only it may be taken as typographical error which has been left out inadvertently without having correction. So, no need to send the file for correction as the appeal is pending since 2002 and on 20.01.2026 the judgment has already been orally pronounced.

2. Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

3. The name of the victim has not been disclosed in the present judgment to protect her privacy, prestige and dignity.

4. The present appeal is directed against the judgment of conviction and order of sentence dated 26.06.2010 passed by learned Additional Sessions Judge, Fast Track Court No.-III, Sitamarhi in Sessions Trial No. 298 of 2003/168 of 2005 whereby and whereunder the appellant has been convicted for the offence punishable under Section 354 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for two years.

5. On the basis of fardbeyan of informant/PW6 recorded at Bajpatti Police Station at 10:30 PM, the prosecution case is that the informant (PW6) who is resident of village Ratwara, tola Bishanpura and was doing business at Kolkata. On 21.03.2002 at 9:00 PM informant alongwith his daughter (PW5) was sitting on cot in verandah of the house and wife (PW4) and daughter (PW1) of informant were sitting beside him on mat and they were warming themselves by the fire. Meantime, appellant along with other two persons came at the door of informant and fired on him by means of pistol which hit the wall. Upon which, while raising alarm wife (PW4) and daughter (PW1) of informant came out of the house and the accused/appellant caught hold the hand of victim (PW1) but on the alarm raised by the informant’s wife and his daughter, villagers arrived at the spot, causing the appellant to flee along with his associates, leaving behind one slipper at the place of occurrence. It is disclosed by the informant that appellant used to visit the house of his cousin brother and the same was protested by him. So, the appellant had grudge against the informant and on account of the said annoyance, accused/appellant fired on him and caught hold the hand of daughter of informant and assaulted the wife of informant.

6. On the basis of written statement given by the informant/PW-6, Bajpatti P.S. Case No. 18 of 2002 was registered under Sections 307, 341, 323, 354 of the IPC and Section 27 of the Arms Act . Routine investigation followed. Statement of witnesses came to be recorded and on the completion of investigation, charge sheet has been submitted against the appellant under Sections 307, 341, 323, 354