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Patna High Court

Sajarun NishaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appellate court upheld the trial court’s acquittal, finding no merit in the appeal.

Summary

The appellant, mother of the deceased, appealed the acquittal of Md. Guddu (R‑2) for the murder of her son under Sections 302 and 201 IPC. The trial court had found that the prosecution failed to prove Guddu's guilt beyond reasonable doubt, relying on the presumption of innocence and the lack of a complete chain of circumstantial evidence. The prosecution's case rested on the informant’s statement, witnesses who were either hostile or hearsay, and alleged injuries to the accused, but no forensic evidence from seized weapons was produced. The High Court examined the adequacy of the circumstantial evidence, the investigative lapses of the investigating officer, and the legal standards set by precedents such as Hanumant and Sharad Sarda. Concluding that the trial court’s appreciation of evidence was not perverse and that the prosecution did not meet the required standard of proof, the Court dismissed the appeal.

Issues considered

  • The prosecution failed to establish the guilt of the accused beyond reasonable doubt.
  • Whether the circumstantial evidence presented formed a complete and conclusive chain to support conviction.
  • Impact of investigative lapses, including failure to submit seized weapons for forensic analysis, on the prosecution case.
  • Applicability of legal principles governing circumstantial evidence (Hanumant, Sharad Sarda) in this case.
  • Whether the trial court's acquittal judgment is perverse or liable to be set aside.

Legislation cited

Subjects

  • acquittal
  • circumstantial evidence
  • murder
  • investigative lapse
  • burden of proof
  • criminal appeal
  • IPC 302
  • IPC 201
  • CrPC 313
  • CrPC 372

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (DB) No.1128 of 2024
         Arising Out of PS. Case No.-1 Year-2011 Thana- BISHANPUR District- Darbhanga
     ======================================================
     Sajarun Nisha W/o Late Shalim R/o Mohalla - Bhingo, P.S. - Lahariasarai,
     Distt. - Darbhanga
                                                             ... ... Appellant
                                    Versus
1.    The State of Bihar
2.    Md. Guddu S/o Md. Mustaque R/o Chakrahmat Bhingo, P.S. - Lahariasarai,
      Distt. - Darbhanga
                                                         ... ... Respondents
     ======================================================
     Appearance :
     For the Appellant/s     :        Mr. Baidyanath Prasad, Advocate
     For the State           :        Ms. Shashi Bala Verma, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                           and
             HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

      Date : 02-04-2026

                      Heard learned counsel for the appellant and learned

      Additional Public Prosecutor for the State.

                      2. This appeal has been preferred by mother of the

      deceased taking recourse of the provisions 372 of Code of

      Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’).

                      3. By filing the present appeal, the appellant is

      seeking setting aside the judgment of acquittal dated 18.06.2024

      (hereinafter referred to as ‘impugned judgment’) passed by the

      learned Additional Sessions Judge-Ist, Darbhanga (hereinafter

      referred to as ‘the learned Trial Court’) in S.Tr. No. 305 of 2011

      (R. No. 572 of 2014), arising out of Bishanpur P.S. Case No.01

      of 2011, dated 04.01.2011.

                      4. By the impugned judgment, the learned Trial
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         Court has held that the prosecution has not been able to prove

         the guilt of the accused (R-2), beyond all shadow of reasonable

         doubts. The learned Trial Court has relied upon one of the

         fundamental principles of criminal jurisprudence that an

         accused is presumed to be innocent until he is proved guilty.

                         Prosecution Case

                         5. The prosecution case is based on the fardbeyan

         of Abdul Salam (PW-10), who is the brother of the deceased. In

         his fardbeyan made before the Sub-Inspector of Police of

         Bisanpur Police Station on 04.01.2011 at about 08:00 hours near

         Chhotki Dilahi Bridge, the informant alleged that his brother

         Md. Rizwan (deceased), who was having a Bolero vehicle

         bearing registration no. BR-7P-1859 through which he earned

         his livelihood, on 03.01.2011 at 10:00 a.m. went with the Child

         Development Programme Officer to her office at Keoti with his

         vehicle but did not return till 08:00 p.m. He was being contacted

         on his mobile phone, although the phone was ringing but none

         picked up the phone. On the next day in the morning, the

         informant went to the residence of the CDPO at Laxmisagar,

         who told him that yesterday his brother dropped her at 6:30 p.m.

         Thereafter, the informant again contacted his brother on his

         mobile phone which was picked this time by Bada Babu of

         Laheriasarai Police Station, Darbhanga, who told him that
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         Vehicle No. BR-7P-1859 was standing near the police station

         having blood-stains inside and outside of the vehicle. The

         informant along with his brother-in-law Md. Kalamuddin went

         to Laheriasarai Police Station and identified the vehicle and

         there he came to know that one dead body was lying at the bank

         of river near a bridge of Chhotki Dilhai, P.S.- Bishanpur, then

         they went there and identified the dead body of Md. Rizwan and

         injuries were seen over his head, throat and face. He further

         disclosed that there was a land dispute between their family

         member and one Saif Ansari, who once threatened them by

         calling outsiders who in-turn abused and threatened them. The

         informant further alleged that accused Guudu and his brother-in-

         law Asharf were seen with the deceased Rizwan prior to

         occurrence on the last night and thereafter Rizwan was missing.

         He further alleged that some persons had also seen blood on the

         clothes of accused Md. Guddu along with other persons. In the

         end, the informant claimed that his brother was killed by

         accused Guudu along with other persons and after murdering his

         brother his dead body was found near the river.

                         6. After completion of investigation, the police

         submitted charge-sheet bearing Charge-sheet No.19/2011,

         against the sole accused, Md. Guddu (hereinafter referred to as

         ‘R-2’) under Section 302 and 201/34 of the Indian Penal Code
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         (hereinafter referred to as ‘IPC’). Based on the charge-sheet

         filed against R-2, the learned Magistrate took cognizance of the

         offences under Sections 302 and 201 of IPC vide order dated

         08.04.2011. Finding that the offences alleged is triable by a

         Court of Sessions, the records were committed to the Court of

         Sessions and the charges were explained to the accused person

         in Hindi, which he denied and claimed to be tried. The learned

         Trial Court framed charges under Sections 302 and 201 of IPC

         vide order dated 27.03.2012.

                          7. On behalf of prosecution, altogether 11

         witnesses have been examined and some documents were

         marked exhibits. Keeping in view the judgment of the Hon’ble

         Supreme Court, recently rendered, in the case of Manojbhai

         Jethabhai Parmar (Rohit) vs. State of Gujarat reported in

         2025 INSC 1433, we provide the list of prosecution witnesses

         and the exhibited documents hereunder for ready reference in a

         tabular form:

                          List of Prosecution Witnesses

            Prosecution                 Name of witness       Description
            Witness No.
                    1          Pankaj Kumar Rai               Other witness
                    2          Naseema Khatoon                Interested witness
                               (sister of the deceased)
                    3          Nasreen Khatoon                Interested witness
                               (sister of the deceased)
                    4          Md. Nisar                      Other witness
                    5          Rubina Khatoon                 Other witness
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                    6           Muzibur Rahman                      Other witness
                    7           Faiyaz Ahmed                        Other witness
                    8           Dr. P.K. Das                        Medical Officer

                    9           Abdul Kalam                        Interested witness
                                (brother of the deceased)
                    10          Abdul Salam                         Informant
                    11          Shashank Bhushan Saran             Investigating Officer




                         List of Exhibits on behalf of Prosecution

                         Exhibit      Description of the    Proved by/Attested
                         No.          Exhibit               by
                          P-1         Xerox copy of         PW-8
                                      postmortem report
                                      of deceased
                          P-2         Signature of the      PW-10
                                      informant on the
                                      Fardbeyan
                          P-3         Signature of
                                      witness A. Subhan
                                      on fardbeyan
                          P-4         Formal F.I.R          PW-11
                          P-4/1       Signature of I.O on PW-11
                                      fardbeyan
                          P-5         Charge-sheet          PW-11

                         8. Thereafter, the statement of accused (R-2) was

         recorded under Section 313 of the CrPC, in which he pleaded

         innocence.

                         9. The defence has not adduced any oral or

         documentary evidence. The general plea of the defence is that he

         had been falsely implicated in this case.

                         Findings of the Learned Trial Court

                         10. The learned Trial Court examined the evidences

         adduced by the prosecution, briefly discussed the deposition of
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         the prosecution witnesses and the documents which were marked

         exhibits. The Additional Public Prosecutor of the State assisted

         by learned private counsel for the informant submit that the

         matter relates to a young person who was earning his livelihood

         through driving, he had been murdered brutally by the accused. It

         was pleaded by the prosecution that the accused (R-2) was seen

         with the injuries and blood-stains by the villagers and upon

         asking about the injuries on his body, he kept on changing his

         stand, therefore, the accused (R-2) was suspected to be involved

         in the killing of the brother of the informant. It was also

         submitted that in view of the corroborative evidences on the

         record, the chain of circumstantial evidence could stand

         established, hence the accused (R-2), deserves conviction and

         sentence.

                         11. The defence took a plea that the prosecution

         case was false, frivolous and baseless. The accusation against the

         accused (R-2) was false. None of the articles seized by the police

         had been sent to the Forensic Science Laboratory (hereinafter

         referred to as ‘FSL’) for examination and nothing was recovered

         from the possession of the accused so as to connect him with the

         crime in question. It is the case of defence that even as the

         prosecution has proved the death of the deceased but it has

         miserably failed to connect the accused (R-2) with the alleged
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         crime. There is no eye-witness of the occurrence and the

         prosecution had failed to connect the accused to the alleged

         murder. In sum and substance, the stand of the accused (R-2) is

         that the prosecution must stand on its own leg and in the case of

         circumstantial evidence unless the chain of chronological events

         is established, conviction cannot be placed. Reliance has been

         placed on the judgment of the Hon’ble Supreme Court in the case

         of Sharad Birchand Sarda vs. State of Maharastra, reported

         in (1984) 4 SCC 116 and in the case of Shivaji Sahabrao

         Bobade & Anr. vs. State of Maharashtra, reported in (1973) 2

         SCC 793.

                         12. As stated above, having examined the

         prosecution evidences available on the record, the learned Trial

         Court was not convinced with the prosecution. In ultimate

         analysis, the learned Trial Court held that the prosecution had

         miserably failed to establish the charges, hence, the accused (R-

         2) has been acquitted.

                         Submission on behalf of appellant

                         13. In this Court, learned counsel for the appellant

         has once again taken this Court through the evidences of the

         prosecution witnesses. The emphasis of the learned counsel for

         the appellant is on the circumstance immediately present after the

         occurrence which has been stated by the witnesses saying that
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         this appellant was seen in an injured condition and regarding the

         injuries, he kept on changing his stand. Learned counsel submits

         that the accused (R-2) had received treatment from one Pankaj

         Kumar Rai (PW-1) who has deposed that between 10:00-10:30

         p.m. in the night, Md. Guudu (R-2) was brought to him by his

         Nani in injured condition, there was a fracture in his hand and

         there were a cut injuries and he had put bandage on that. In his

         cross-examination, he has stated that he was not a doctor but at

         the local level he was doing the medicine practice.

                         14. It is submitted that in this case the Investigating

         Officer (PW-11) has also stated that he had arrested Md. Guddu

         and at the time of his arrest he had found Md. Guddu (R-2) in

         injured condition.

                         15. Learned counsel further submits that the I.O. of

         this case had not conducted the investigation properly, he

         claimed that he had visited the place of occurrence, there were

         blood-stained soil but he had not taken the sample of the blood-

         stained soil. The I.O. (PW-11) had seized a dabiya from near the

         dead body of Rizwan and had also found one sword at some

         distance from the dabiya, both of them having blood marks, but

         he had not sent those weapons of crime to the FSL and those

         were not produced before the learned Trial Court. It is thus

         submitted that the I.O. of this case did not perform his duties well
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         but for the lapses on the part of the I.O., the prosecution case

         would not suffer.

                         16. It is submitted that in this case even as there is

         no eye-witness of the occurrence, the evidence of informant

         (PW-10) goes on to prove that there was some land dispute

         between the family of the informant and one Md. Samad Ansari

         on account of dispute over a drainage. This was protested by the

         deceased- brother of the informant. He has stated that Guddu (R-

         2) was in the company of Ashraf Saif and Sadik Ansari, who is

         the son of Md. Samad Ansari and in course of quarrel Ashraf Saif

         and Sadik Ansari were saying to brutally cut the body of his

         deceased brother. After few days, the occurrence had taken place.

                         17. Learned counsel submits that the informant has

         though stated that Md. Guddu (R-2) had not quarreled with

         Rizwan and his family and he was on visiting term, however, the

         involvement of Md. Guddu (R-2) is evident from the fact that he

         was unable to explain his injuries.

                         Submission on behalf of State

                         18. The appeal has been contested by learned

         Additional Public Prosecutor for the State. It is submitted that the

         learned Trial Court has not committed any error in appreciation

         of the evidences on the record. Referring to the evidence of

         prosecution witnesses, the learned APP for the State submits that
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         in this case all the prosecution witnesses are only hear-say

         witnesses. PW-5, has gone on to evidence of saying that he did

         not identify the deceased and earlier his statement was not

         recorded. He had also been declared hostile as he denied to have

         seen Guddu in injured condition. Similarly, PW-6 and PW-7 have

         been declared hostile for not supporting the prosecution case.

                         19. Learned Additional Public Prosecution for the

         State submits that in fact the informant (PW-10) has himself

         damaged the whole prosecution case and this may be found from

         his statement present in paragraph no.6 of his deposition wherein

         he has clearly stated that Guddu (R-2) was named in the murder

         case of Rizwan on suspicion. It is thus submitted that the

         suspicion howsoever strong may be, cannot take place of proof.

                         20. In her submission, the learned APP for the State

         submits that the learned Trial Court has not committed any error

         in appreciation of the evidences.

                         Analysis and Consideration

                         21. We have heard learned counsel for the appellant

         and learned Additional Public Prosecutor for the State as also

         perused the records.

                         22. It is evident that, in the present case, the

         informant (PW-10) has himself stated in paragraph-6 of the

         deposition that he had given the name of this accused (R-2) on
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         suspicion. The informant has clearly stated that neither the

         deceased nor his family had any prior enmity with the appellant

         and the appellant was on visiting term with his family. On the

         date of occurrence, the accused (R-2) was not seen with the

         deceased.

                         23. This Court further finds that the I.O. of the case

         claimed to have seized the dabiya and sword nearby the dead

         body but these two weapons were never produced in the Court.

         The weapons were never sent to the FSL, therefore, the

         prosecution case saying that those weapons were having blood

         stains and were recovered near the dead body are not proved. We

         have also noticed that this was a major incriminating

         circumstance but when the statement of the accused was

         recorded under Section 313 Cr.P.C., the prosecution did not bring

         it to the notice of the accused that there was recovery of dabiya

         and sword near the dead body of deceased and that those were

         having blood-stains. In absence of the production of those

         material objects and there being no proof of the fact that there

         was any blood on the weapon and the blood were that of the

         deceased or the accused, it would not be possible to accept the

         prosecution case as framed.

                         24. The I.O. of the case has definitely not done his

         duty diligently. While it is true that for every lapse of the I.O., the
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         prosecution case cannot be allowed to suffer but in a case of the

         present nature where the whole prosecution case rests upon

         circumstantial evidences, the prosecution is required to establish

         the chain of chronological evidence in such a manner that it

         should irresistibly results in a conclusion that the appellant is

         guilty of commission of the offence. The principles of

         Panchsheel as enunciated in the case of Hanumant vs. State of

         Madhya Pradesh reported in AIR 1952 SC 343, which has been

         discussed by the Hon’ble Constitution Bench in Sharad

         Birdhichand Sarda (supra), the relevant Paragraph ‘152’ of the

         judgment in the case of Sharad Birdhichand Sarda (supra) is

         being reproduced hereunder for a ready reference:-

                                 “152. Before discussing the cases relied upon by
                                 the High Court we would like to cite a few
                                 decisions on the nature, character and essential
                                 proof required in a criminal case which rests on
                                 circumstantial     evidence   alone.     The     most
                                 fundamental and basic decision of this Court is
                                 Hanumant v. State of Madhya Pradesh 1. “This
                                 case has been uniformly followed and applied by
                                 this Court in a large number of later decisions up-
                                 to- date, for instance, the cases of Tufail (Alias)
                                 Simmi v. State of Uttar Pradesh17 and Ramgopal v.
                                 State of Maharashtra18 . It may be useful to extract
                                 what Mahajan,J. has laid down in Hanumant case1
                                 :
                                         “It is well to remember that in cases
                                         where      the   evidence   is    of    a
                                         circumstantial        nature,          the
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                                         circumstances        from   which   the
                                         conclusion of guilt is to be drawn
                                         should in the first instance be fully
                                         established, and all the facts so
                                         established should be consistent only
                                         with the hypothesis of the guilt of the
                                         accused. Again, the circumstances
                                         should be of a conclusive nature and
                                         tendency and they should be such as to
                                         exclude every hypothesis but the one
                                         proposed to be proved. In other words,
                                         there must be a chain of evidence so
                                         far complete as not to leave any
                                         reasonable ground for a conclusion
                                         consistent with the innocence of the
                                         accused and it must be such as to show
                                         that within all human probability the
                                         act must have been done by the
                                         accused.”
                         25. We would also refer a judgment of the Hon’ble

         Supreme Court in the case of Dilavar Hussain and Others

         versus the State of Gujarat and Another reported in (1991) 1

         SCC 253, wherein the Hon’ble Supreme Court has held that the

         questions as to who, why, when, where and how are required to

         be explained by the prosecution while establishing the chain of

         criminological evidence. The relevant observation of the

         paragraphs no. ‘3’ and ‘4’ are being extracted hereunder:-

                                         “3. All this generated a little emotion
                                         during submissions. But sentiments or
                                         emotions, howsoever strong, are neither
                                         relevant nor have any place in a court of
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                                         law. Acquittal or conviction depends on
                                         proof or otherwise of the criminological
                                         chain which invariably comprises of why,
                                         where, when, how and who. Each knot of
                                         the chain has to be proved, beyond shadow
                                         of doubt to bring home the guilt. Any
                                         crack or loosening in it weakens the
                                         prosecution. Each link, must be so
                                         consistent that the only conclusion which
                                         must follow is that the accused is guilty.
                                         Although guilty should not escape (sic).
                                         But on reliable evidence, truthful witnesses
                                         and honest and fair investigation. No free
                                         man should be amerced by framing or to
                                         assuage feelings as it is fatal to human
                                         dignity and destructive of social, ethical
                                         and legal norm. Heinousness of crime or
                                         cruelty in its execution however abhorrent
                                         and hateful cannot reflect in deciding the
                                         guilt.
                                         4.   Misgiving,        also,     prevailed     about
                                         appreciation      of      evidence.          Without
                                         adverting to submissions suffice it to
                                         mention that credibility of witnesses has to
                                         be measured with same yardstick, whether,
                                         it is ordinary crime or a crime emanating
                                         due to communal frenzy. Law does not
                                         make any distinction either in leading of
                                         evidence or in its assessment. Rule is one
                                         and only one namely, whether depositions
                                         are honest and true. Whether the witnesses,
                                         who claim to have seen the incident in this
                                         case, withstand this test is the issue? But
                                         before that some legal and general
                                         questions    touching          upon   veracity    of
                                         prosecution version may be disposed of.”
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                                      26. On going through the entire materials on the

                      record, we are of the considered opinion that the findings of the

                      learned Trial Court are based on the appreciation of the evidences

                      on the record, cannot be found fault with. In an appeal against

                      acquittal, unless the judgment of learned Trial Court is found to

                      be perversed, no interference would be required.

                                      27. We, therefore, find no merit in the present

                      appeal and is, accordingly, dismissed.



                                             (Rajeev Ranjan Prasad, J)


                                                 ( Soni Shrivastava, J)
Harsh/ Anand-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          09.04.2026
Transmission Date       09.04.2026


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