The court emphasized the need for credible evidence in criminal cases, noting inconsistencies in testimonies that undermine the prosecution's case.

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

3 21-01-2026 Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State.

2. The records of this case have been placed before this Court to consider the prayer of the appellants for suspension of their sentence and release on bail during pendency of the appeal.

3. Both the appellants have been convicted vide judgment dated 18.03.2025 and sentenced vide order dated 20.03.2025 by learned District and Additional Sessions Judge- 13, Rohtas at Sasaram in connection with Sessions Trial No. 166 of 2002 arising out of Nasriganj (Rajpur) P.S. Case No. 172 of 2001 for the offences punishable under Section 302 /34 of the Indian Penal Code (in short ‘IPC’) and Section 27 of the Arms Act and have been ordered to undergo life imprisonment and to pay a fine of Rs.50,000/- for the offence under Section 302 /34 IPC and for the offence under Section 27 of the Arms Act , they have further been ordered to undergo seven years rigorous imprisonment and to pay a fine of Rs.10,000/-. Both the sentences are to run concurrently.

4. The prosecution case is based on the fardbeyan of Rajendra Prasad Singh (PW-5) who has alleged as under:-

“On 26.10.2001 at about 08:00 PM one Digvijay Chaudhary (appellant no. 2) came to goshala (plot no. 2091) to place his she-buffalo which he objected to and Digvijay Singh returned hurling abuses. Thereafter (1) Tribhuan Chaudhary (appellant no. 1), (2) Digvijay Chaudhary (appellant no. 2), (3) Niraj Chaudhary, (4) Rajan Chaudhary, (5) Ram Niwas Chaudhary, (6) Pappu Chaudhary, (7) Rameshwar Chaudhary, (8) Satyendra Chaudhary all armed with rifles in their hands came with an intention to kill the informant. The informant ran into his house who was chased by the accused persons. Tribhuan Chaudhary and Digvijay Chaudhary instigated others to kill whosoever is found in the house. Thereafter, the accused persons started firing from the rifles in their hands. The informant’s bhabhi, namely, Rajkumari Devi came at the place of occurrence who was shot by Rajan Chaudhary and she died on the spot. Niraj Chaudhary, Ram Niwas Chaudhary and Pappu Chaudhary fired upon the informant who escaped to other room to save himself. While firing on the son of the informant, one live cartridge fell from the rifle of Rameshwar Chaudhary. When the other family members of the informant came out of the house and started screaming, the accused persons left the house. The informant has alleged that the eight named accused persons with an intention to kill had fired upon the deceased Rajkumari Devi.”

5. Learned counsel for the appellants submits that in his fardbeyan, the informant (PW-5) has specifically alleged that it was Rajan Chaudhary who had fired upon the deceased as a result whereof she died. So far as these two appellants are concerned, the case of the informant is that it was Digvijay Chaudhary who had come in the goshala to place his she- buffalo there which was objected to by the informant whereafter the eight named accused persons had assembled armed with weapons and they started abusing the informant. The informant claimed that all the accused persons entered inside the house and it was these appellants who had instigated them to kill whosoever is found.

6. Learned counsel submits that the exaggeration in the fardbeyan of the informant (PW-5) may be found from the fact that although he has stated that Ram Niwas Chaudhary and Pappu Chaudhary had been firing from the weapons which were in their hands, on the spot/place of occurrence, police did not find any sign of firing and no empty cartridge/fired cartridge was found. One live cartridge was found at the place of occurrence which is specifically attributed to the co-accused Rameshwar Chaudhary about whom the informant has stated that he was having a rifle and when he was firing then one cartridge had fa