Failure to adequately examine key witnesses and evidence resulted in a wrongful conviction, emphasizing the necessity for a fair process under criminal law.

ORAL JUDGMENT

Date : 06-12-2025

From perusal of the order dated 20.02.2025, it appears that Mr. Saroj Kumar Tiwary, was appointed as Amicus Curiae, but could not appeared in Court today.

2. Therefore, out of present advocates in open Court, Ms. Priya, learned counsel shows her willingness to assist this Court as Amicus Curiae

3. In view of the aforesaid, Ms. Priya, learned counsel is appointed as Amicus Curiae for the present appeal.

4. From perusal of record, it appears that appellant was granted bail by one of the learned coordinate Bench of this Court vide its order dated 11.01.2005.

5. This memo of appeal has been filed on behalf of the sole appellant under section 374(2) of the Code of Criminal Procedure (in short the, ‘Cr.P.C.’) against the judgment of conviction and sentence dated 25.03.2004 passed in Sessions Trial No. 642/96/122/03 arising out of Asaw P.S. Case No. 14 of 1991 by learned Adhoc District and Sessions Judge-cum-Presiding Officer of First Additional Fast Track Court, Siwan, whereby and whereunder the appellant has been convicted under section 25(a), 26, 27(2) of the Arms Act and section 323 of the Indian Penal Code , and awarded sentence of seven years rigorous imprisonment and fine of Rs. One thousand. In case of default in payment of fine, the trial court sentenced the appellant for further period of six months R.I.

6. The brief facts of prosecution is that the informant namely, Lallan Chauhan alleged that on 09.03.1991 at about 9:00 A.M., while the appellant namely, Parma Chauhan alongwith all the accused persons were uprooting ‘Masuri’ crops from his field, they were objected to do so, then, the appellant namely, Parma Chauhan fired at him from his desi katta which did not take fire, thereafter, he terrorized him by showing desi katta (country made pistol). The informant alleged that on hearing hulla, villagers gathered there and tried to stop the accused persons from doing so, on which the appellant terrorized them also by pointing desi katta, on which scuffling took place between the parties and thereafter Parma Chauhan (the appellant) was caught and brought by villagers to police station alongwith country made pistol. On the basis of the fard-e-beyan of the informant (PW-4), Asaw P.S. Case No. 14 of 1991 was instituted for the offences punishable under sections 447, 323, 307/34 of the Indian Penal Code and 25(a) and 26 of the Arms Act .

7. After conclusion of investigation, police submitted charge-sheet, thereafter cognizance was taken and the case was committed to the court of session where the charges were framed under sections 447, 323, 307/34 of the Indian Penal Code and 25(a) and 26 of the Arms Act against the appellant.

8. Learned trial court explained the aforesaid charges to appellant/accused, which he pleaded “not guilty” and claimed to be tried.

9. To establish its case before the learned trial court, the prosecution altogether examined total of eight (8) prosecution witnesses, which are PW-1 namely, Ram Naumi Rajbhar; PW-2 Chandrika Sah; PW-3 Banwari Bhar Chaukidar; PW-4 Lallan Chauhan (informant); PW-5 Vidya Sagar Chauhan; PW-6 Rama Shankar Rajbhar; PW-7 Panchdeo Chauhan and PW-8 Serajul Haque.

10. The prosecution has also produced certain documents viz. Injury report – 1 & ‘1/2’ ; FIR – Exhibit ‘2’; Sanction order from the D.M. - Exhibit ‘3’; Production list of desi katta – Exhibit ‘4’; Injury report relating to Parma Chauhan – Exhibit ‘F’ and Inspection report of Sergeant Major – Exhibit ‘5’ respectively.

11. After examination of prosecution witnesses and by taking note of evidence as surfaced during trial, statement of accused/appellant was recorded under Se