The prosecution must substantiate charges with consistent, reliable evidence; failure to do so results in acquittal.

ORAL JUDGMENT

Date : 05-10-2018

Heard learned counsel for the appellants as well as learned APP for the State on this criminal appeal.

2. This criminal appeal has been preferred against the Judgment and Order of conviction and sentence dated 08.02.2013 passed by 1^st Additional Sessions Judge Cum Special Judge, Nalanda, Biharshariff in Sessions Trial No. 319 of 2009 arising out of SC/ST Case No. 14 of 2008, whereby the learned trial court convicted the accused, namely, Pappu Singh @ Lambu, Pappu Singh and Shailendra Ram for the offence punishable under Sections 323 and 427 of the Indian Penal Code and Section 3(i) (XI) of the S.C. S.T. Act and sentenced them to undergo S.I. for six months each under Section 323 of the and S.I. for three months each under Section 427 of the and S.I. for six months each under Section 3(i) (XI) of the S.C. S.T. Act . All the sentences were directed to run concurrently.

3. Factual matrix of the case is that S.C.S.T Case No. 14 of 2008 was instituted under Sections 341, 323, 448, 354, 380, 427 and 504/34 of the Indian Penal Code and Sections 3(i) (X) (XI) of the S.C. S.T. Act against the accused persons, namely, Pappu Singh, Son of Late Lal Singh, Pappu Singh, Son of Dayanand Singh and Shailendra Ram on the basis of the written report of Usha Devi, W/o Arjun Chaudhary with the case in succinct that on 26.07.2008 at around 04:00 PM while she was sitting in the lane located in front of her house, in the meantime Pappu Singh son of Late Lal Singh, Pappu Singh son of Dayanand Singh and Shailendra Ram armed with lathi and danda arrived there to consume toddy and demanded toddy from her husband and on his refusal to oblige them they slated them in the name of their caste and started assaulting her husband by means of lathi. When she rushed in his rescue, they also slated her and assaulted her and extended threatening of ousting from the village. Further allegation is that on the same day at around 06:00 PM, aforesaid accused persons descended at her house and looted away cereals worth Rs 5000/-, ornaments worth Rs 10,000/- and cash of Rs. 15,000/- and damaged the utensils. The bone of contention is said to be that Pappu Singh runs a country made liquor shop due to which he has committed the occurrence arriving at her house in the pretext of toddy.

4. Aforesaid case was investigated by the police and on conclusion of the investigation, I.O. submitted charge- sheet against the aforesaid accused persons under Sections 341, 323, 448, 354, 427 and 504/34 of the Indian Penal Code and Sections 3(i) (X) (XI) of the S.C. S.T. Act .

5. On receiving the chargesheet and the case diary and perusing the same, the learned Magistrate took cognizance of the offence and committed the case to the court of sessions and after commitment and on transfer finally the case came in the seisin of 1^st Additional Sessions Judge Cum Special Judge, Nalanda, Biharshariff for trial.

6. Charge against the accused persons was framed under Sections 452, 323/34, 427 and 380 of the Indian Penal Code and Sections 3(i) (XI) and 3(i) (X) of the S.C. S.T. Act . Charge was read over and explained to them to which they pleaded not guilty and claimed to be tried.

7. To substantiate its case, in ocular evidence, the prosecution has examined altogether nine prosecution witnesses namely, Arjun Choudhary as PW-1, Dhano Devi as PW-2, Fakir Chand Choudhary as PW-3, Rinku Devi as PW-4, informant Usha Devi as PW-5, Dilip Choudhary as PW-6, Paras Singh as PW-7, Ganesh Ram @ Dahadu as PW-8 and Sachchu Ram as PW-9. Out of the aforesaid witnesses, PW-6, PW-7, PW-8 and PW-9 turned hostile.

8. Statement of the accused persons was recorded under Section 313 of the Code of Criminal procedure. The case of the defence is complete denial of the occurrence claiming themselves to be innocent. Accused persons neither adduced any ocular or documentary evidence in buttress of their case.

9. Afte