Conviction requires consistent evidence; inconsistencies and contradictions raise reasonable doubt regarding guilt.

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date: 12-04-2018

Heard learned counsel for the appellants and learned Additional Public Prosecutor representing the State.

2. Challenge in these two criminal appeals is to the judgment dated 15^th September 1994 passed by learned 1^st Additional Sessions Judge, Purnea (hereinafter referred to as the learned Trial Court=) in Session Trial No. 120/1983 by which the learned Trial Court has been pleased to hold that all the accused-appellants were members of unlawful assembly with common object to commit murder of one Md. Nasiruddin. According to the learned Trial Court all the accused persons assaulted the deceased in furtherance of their common object of the assembly to cause his death and Manoj Yadav strangulated the deceased of this case to death. The accused Darogi Yadav (since deceased) was found to have abated the offence. In result all the accused, who are appellants in these two appeals, have been convicted for the offences under Sections 147 and 302/149 of the Indian Penal Code. Accused Manoj Yadav who is appellant in Criminal Appeal (DB) No. 473/1994 has been convicted under Section 302 of the I.P.C. also. All the appellants have been sentenced to undergo life imprisonment. No sentence has however been passed against Manoj Yadav under /149 of the Indian Penal Code and no sentence has been passed against other accused persons under Section 147 I.P.C. in view of the fact that they have been convicted and sentenced to undergo life imprisonment under /149 of the Indian Penal Code.

3. The prosecution case is based on the fardbeyan of one Md. Shamsuddin, son of Md. Dilawar, resident of village Lohjar, P.S.- Mirganj, District – Purnia. According to the informant (P.W.6), on 13.10.1981 at about 7.00 a.m. Darogi Yadav, Chittan Yadav, Bindi Yadav, Manoj Yadav, Badri Yadav and Bhuthu Yadav along with 20/25 persons of village Lohjar were fishing in the paddy field of deceased Md. Nasiruddin. Seeing the damage being done to his field, the deceased reached there and asked them to stop saying that because of the fishing his paddy crops will be destroyed and due to the flow of water the paddy crops will be badly affected. It is alleged that the persons who were fishing in the field of deceased did not stop, on this the deceased caught hold of the equipment by which they were fishing and told them that he would not allow them to do the fishing in his field. It is alleged that on this the accused Darogi Yadav (since deceased) ordered to kill the deceased, on this, Manoj Yadav jumped with his lathi and gave a blow on the head of Nasiruddin (deceased of this case). Md. Nasiruddin is said to have fallen down and raised hulla, on this, his Bhagina, Nasir, who was engaged in irrigation of field in the nearby, co-villager Samshul and from the village Kadiruddin came running to the place of occurrence and tried to stop the assault but on their attempt to stop, the accused persons also assaulted them and because of that they also became injured, however being strong persons they started fleeing away towards village. It is alleged that the persons who were engaged in fishing were giving repeated lathi blow on the body of Nasiruddin who was lying in the field. It is alleged that thereafter the co-villagers came there and on seeing them the accused persons fled away. The motive behind the occurrence as alleged is that about 3-4 years ago Nasiruddin had got a mortgage of 5 Kathas of land from one Baidnath Yadav for a sum of Rs. 500/-, the said land is in possession of Nasiruddin and Nasiruddin was regularly asking Baidnath Yadav to execute the registry of the land, but Darogi Yadav was not allowing the transfer of land and was asking the deceased to leave the land.

4. On the basis of th