Prosecution must establish guilt beyond reasonable doubt; contradictions in testimonies undermine the case.

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL)

Date : 16-04-2019

Both the appeals were appealed through jail, and as such, at the time of admission, Mr. Arun Kumar Tripathi and Mr. Shyama Kant Singh were appointed as amicus curiae to assist the Court. In both the appeals, the appellants were convicted and sentenced by a common judgment, and as such, both the appeals were taken up together under the heading for hearing and are being disposed of by this common judgment.

2. Heard Mr. Arun Kumar Tripathi learned Amicus Curiae for the appellant in Cr. Appeal (DB) No. 958 of 2013 and Mr. Shyama Kant Singh learned Amicus Curiae for the appellant in Cr. Appeal (DB) No. 959 of 2013 as well as Mr. Ajay Mishra learned Addl. Public Prosecutor in the aforesaid appeals.

3. The aforesaid two criminal appeals have been preferred against the judgment and order of conviction dated 29.05.2013 and order of sentence dated 30.05.2013 passed by learned Adhoc Additional Sessions Judge-IV, Darbhanga in Sessions Trial No. 635 of 2010 arising out of Jalley P.S. Case No. 74 of 2010 whereby the learned trial court convicted the accused Sukan Sada and Ram Pukar Sada for the offence punishable under Sections 302 /34 and 307/34 of the Indian Penal Code and sentenced them to undergo life imprisonment and also slapped them with a fine of Rs. 10,000/- each and in default of payment of fine to further undergo R.I. for six months under /34 of the and further sentenced them to undergo R.I. for eight years and also slapped them with a fine of Rs. 5,000/- each and in default of payment of fine to further undergo R.I. for four months under Section 307 /34 of the . All the sentence were directed to run concurrently.

4. The factual matrix of the case is that Jalley P.S. Case No. 74 of 2010 was initially instituted under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code and subsequently added with Section 302 of the on the basis of fardbeyan of Kailash Devi W/o Satyanarayan Sada recorded by S.I. Nand Kishore of P.S. Jalley district- Darbhanga on 17.06.2010 at 09:00 PM in referal hospital, Jalley camp with the allegation, in succinct that on 17.06.2010 at around 07:00 PM while the informant was at her house, her co- villager, namely, Sukan Sada and Ram Pukar Sada were hurling abuse taking name of her husband from the bamboo clump located in front of her house. When she stepped out of the house, she noticed Sukan Sada armed with Tengari while Ram Pukar Sada Garasa. In the meantime, her bother-in-law (bhaisur) Garbhu Sada arrived there taking grass and forbade them from hurling abuse. Whereupon the aforesaid two accused persons made murderous attack upon him. Meanwhile, her husband Satyanarayan Sada arrived there from the side of Jogiyara and intervened the brawl. Then the aforesaid two accused persons also made murderous attack upon her husband. Her husband and brother-in-law became seriously injured in the occurrence and fell down. Then the accused persons left the scene on arrival of the villager responding hulla. Then she rushed her husband and brother-in-law to Jalley hospital with the help of villagers, where they are undergoing treatment. Finding the condition of the aforesaid two victims serious, they were referred to D.M.C.H. and during the course of treatment, husband of the informant, namely, Satyanarayan Sada succumbed to his injury.

5. The aforesaid case was investigated by the police and on conclusion of the investigation, I.O. submitted charge- sheet against the accused Sukan Sada and Ram Pukar Sada under Sections 341, 323, 324, 307, 302, 504/34 of the Indian Penal Code .

6. On receiving the charge-sheet and the case diary and perusing the same, the lear