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Patna High Court

Rajesh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the acquittal and remanded the matter to the trial court to record the evidence of the investigating officer and the post‑mortem doctor.

Summary

The appellant Rajesh Yadav alleged that his brother was murdered during a land dispute and that six accused, including Amit, Gunay, Khokha, Arvind Yadav and Kiran Devi, were acquitted by the Sessions Judge. The trial court relied on only three prosecution witnesses, none of whom were material, and failed to examine the first investigating officer and the doctor who performed the post‑mortem. The appellant contended that this omission violated the principles of a fair trial and that the evidence was not fully considered. The High Court examined the trial record, noted the half‑hearted attempts to summon the key witnesses, and held that the acquittal was based on incomplete evidence. Consequently, the court set aside the acquittal, remanded the case to the trial court to record the testimony of the investigating officer and the doctor, and directed a speedy conclusion of the trial.

Issues considered

  • The trial court erred in closing the prosecution evidence without securing the attendance and examination of material witnesses, namely the first investigating officer and the post‑mortem doctor.
  • Whether the acquittal of the accused under multiple IPC sections is sustainable in view of the procedural deficiencies and the right to a fair trial under Article 21.
  • Whether the appellate court can set aside the acquittal and remand the case for further evidence.

Legislation cited

Subjects

  • murder
  • fair trial
  • evidence
  • investigating officer
  • post‑mortem
  • procedural lapse
  • appeal
  • Criminal Procedure
  • Indian Penal Code

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (DB) No.1253 of 2024
            Arising Out of PS. Case No.-127 Year-2020 Thana- BIHRA District- Saharsa
     ======================================================
     Rajesh Yadav Son of Late Ramji yadav Resident of Village - Bishanpur, P.S. -
     Bihra, District - Saharsa

                                                                          ... ... Appellant
                                            Versus
1.   The State of Bihar
2.   Amit Yadav Son of Bucho Yadav Resident of Village - Bishanpur, Ward
     No.09, P.S. - Bihra, District - Saharsa
3.   Gunay Yadav Son of Late Dukha Yadav Resident of Village - Bishanpur,
     Ward No.09, P.S. - Bihra, District - Saharsa
4.   Khokha Yadav Son of Late Raghunath Yadav Resident of Village -
     Bishanpur, Ward No.09, P.S. - Bihra, District - Saharsa
5.   Arvind Yadav Son of Khokha Yadav Resident of Village - Bishanpur, Ward
     No.09, P.S. - Bihra, District - Saharsa
6.   Kiran Devi Wife of Khokha Yadav Resident of Village - Bishanpur, Ward
     No.09, P.S. - Bihra, District - Saharsa

                                               ... ... Respondents
     ======================================================
     Appearance :
     For the Appellant/s      :       Ms. Rashmi Jha, Advocate
     For the Resp. Nos.2, 4 to 6:     Ms. Meena Singh, Advocate
     For the Resp. No.3       :       Mr. Amarnath Jha, Advocate
     For the State            :       Ms. Km. Shashi Bala Verma, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                           and
             HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                     ORAL JUDGMENT
           (Per: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA)

      Date : 02-04-2026

                  Heard Ms. Rashmi Jha, learned counsel for the

     appellant, Ms. Meena Singh learned counsel for the respondent

     nos. 2, 4 to 6, Mr. Amarnath Jha, for the respondent no. 3 and Ms.

     Shashi Bala Verma, learned APP for the State.
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                    2. The present appeal has been preferred under proviso

       to Section 372 of the Code of Criminal Procedure, 1973 (now

       Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 or

       B.N.S.S.) challenging the judgment and order dated 14-08-2024

       passed by the Court of learned Sessions Judge, Saharsa in Sessions

       Trial No.127 of 2021 (arising out of Bihra P.S. Case NO. 127 of

       2020) whereby and whereunder the respondents have been

       acquitted by the learned trial court from the charges levelled

       against them under Sections 147,148, 323/34, 302/149, 307/149,

       324, 341, 504, 506 of the Indian Penal Code (hereinafter referred

       to as ‘IPC’).

                    3. The records of this appeal have been placed before

       this Court for consideration of the prayer of the appellant.

                    Prosecution case

                    4. The prosecution case, based on the written report of

       the informant, namely Rajesh Yadav is that on 14.06.2020 at about

       07.00 PM, while the informant’s brother Sakkan Yadav @

       Sikandar Yadav was returning from tea shop and reached near his

       house, on account of a land dispute, all the named accused persons

       along with 3 to 4 unknown persons, variously armed with farsa,

       dabiya and iron rod, forcibly took him to their door. Upon

       exhortation given by Arvind Yadav to kill him, Khokha Yadav and

       Amit Yadav caught hold of his hands, while Kiran Devi held his

       waist and Gunai Yadav gave farsa blow on his head, on account of
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       which the informant’s brother got severely injured with bleeding

       injuries and fell down. It is further alleged that Arvind Yadav,

       Kiran Devi, Amit Yadav and Gunai Yadav continued to

       indiscriminately assault his brother resulting in injuries all over his

       body. Upon protest, the accused persons also threatened the

       informant and his family members and fled away. The injured

       victim was taken to hospital for treatment where he was declared

       dead whereafter post-mortem was held and the dead body was

       handed over to them. Brijendra Yadav, Mukesh Yadav, Suresh

       Yadav and other villagers are alleged to have seen the occurrence

       and there is a further allegation that Kiran Devi took out Rs.1 Lakh

       from his brother’s pocket and snatched gold chain.

                    5. On the basis of the above-mentioned written report of

       the informant- Rajesh Yadav, Bihra P.S. Case No. 127 of 2020

       dated 15.06.2020 under section 147, 148, 149, 323, 324, 307, 302,

       379, 504 and 506 of the IPC was registered by the police officials

       against 6 named accused persons including Respondents No. 2 to 6

       and 3 to 4 unknown accused persons.

                    6. After completion of the investigation, police

       submitted charge-sheet on 06-09- 2020 vide charge-sheet No. 159

       of 2020, against four accused persons namely Khokha Yadav (R-

       4), Arvind Yadav (R-5), Amit Yadav (R-2), Gunay Yadav (R-3) and

       subsequently, on 31-12-2020 supplementary charge-sheet vide
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       charge-sheet No. 272 of 2020 was submitted against Kiran Devi

       (R-6).

                    7. Upon submission of charge-sheet, the learned Chief

       Judicial Magistrate, Saharsa took cognizance under sections 147,

       148, 149, 323, 324, 341, 326, 307, 302, 504, 506 of IPC against

       Respondents No. 2 to 5 vide order dated 09-12-2020, and further

       on 11-01-2021, he was pleased to take cognizance under the same

       provisions as stated above against Respondent No. 6. Original as

       well as supplementary records were amalgamated on the request of

       the Ld. PP and was committed to the Court of Sessions vide order

       dated 20-03-2021, giving rise to Sessions Trial No. 127 of 2021.

       Accordingly, the trial proceeded against five accused persons.

                    8. Further, Learned Trial Court proceeded to frame

       charges under Sections 147, 148, 149, 341, 323, 324, 326, 307,

       302,      504,      506      IPC      against      the   aforesaid   accused

       persons/respondents No. 2 to 6, vide order dated 24-11-2021, to

       which they pleaded not guilty and claimed to be tried.

                    9. The prosecution, to substantiate its case during trial,

       has examined three witnesses and has exhibited two documents,

       while the defence has not adduced any evidence, either oral or

       documentary. The list of prosecution witnesses and documents

       exhibited on behalf of prosecution are mentioned hereinbelow in a

       tabular form:
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                List of Prosecution witnesses
                 Prosecution       Name of witness            Description
                 Witness No.
                 PW-1              Buchan Yadav               Hostile

                 PW-2              Rajesh Yadav               Informant

                 PW-3              Pramod Jha                 I.O. (2nd )


        List of Exhibits on behalf of Prosecution

        Exhibit No.      Description of the Exhibit           Proved by/Attested by

        Exhibit ‘P1’     Signature of PW-2 on written Exhibited by PW-2
                         petition.
        Exhibit ‘P1’     Registration on written      Exhibited by PW-3
                         application

                        10. The statement of the accused persons under

        Section 313 Cr.P.C was recorded on 09-07-2024, wherein they

        have denied the allegations and have claimed to be innocent.

                        Finding of the Learned Trial Court

                        11. The learned trial court, upon analyzing the

        evidence and deposition of the prosecution witnesses with respect

        to the charges levelled against the respondents, arrived at the

        conclusion that the prosecution has failed to prove and establish

        well beyond reasonable doubt, both the criminal act and intent of

        the accused persons and that the prosecution was not able to bring

        home the charges against the accused persons. Accordingly, the

        accused persons/respondents stood acquitted of the charges

        framed under Sections 147, 148, 149, 341, 323, 324, 326, 307,

        302, 504, 506 IPC, by extending the benefit of doubt and thus
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        accused persons Arbind Yadav (R-5), Kiran Devi (R-6) and

        Khokha Yadav (R-4) discharged from the liabilities of their bail

        bonds and accused Gunay Yadav (R-3) and Amit Yadav (R-2)

        were directed to be released from custody, if not required in any

        other case.

                        Submission on behalf of the Appellant

                        12.    The     learned      counsel   on   behalf   of   the

        appellant/informant submits that the learned Trial Court has not

        considered the gravity of the offence involved in the present case

        as well as completely ignored the grave procedural lacunae,

        which is hazardous to a fair trial. The learned Counsel mainly

        focused her argument on the fact that the material witnesses such

        as the first Investigating Officer (S.I. Arvind Kumar Mishra) and

        the Doctor (Dr. Shekhar Prasad Biswas) who conducted post-

        mortem on body of the deceased and whose evidence would have

        had a deep and pervasive impact on the entire prosecution case

        leading to a just and fair decision, were although summoned by

        the learned Trial Court, the court did not ensure to look into the

        service report of summons of all witnesses. The Court proceeded

        to even issue bailable warrants against some witnesses but records

        do not reveal the service report of execution of the same.

                        13. It has further been submitted that the learned Trial

        Court issued non-bailable warrants against the non-examined

        prosecution witnesses vide order dated 08-04-2024 but despite
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        issuance of the same, they did not appear. It is also pointed out

        that no proper and effective steps were taken to secure the

        appearance of the official witnesses, such as the first Investigating

        Officer and the doctor and their non-appearance hampered the

        proper adjudication of the case.

                        14. Learned Counsel has further submitted that the

        learned Trial Court has dealt with this important issue of

        examination of witnesses in a very casual and mechanical manner

        and merely passed orders of issuance of summons etc. without

        even ensuring their proper execution. As a consequence of such

        negligent approach, the charge-sheet witnesses, which includes

        the private witnesses Pravesh Kumar, Salo Devi and Santu Yadav

        and the first Investigating Officer S.I. Arvind Kumar Mishra,

        were not examined at all and it may be pointed out here that it

        was the first Investigating Officer who conducted the major part

        of the investigation and had even recorded the statement of

        witnesses during the investigation, as such he was an extremely

        important witnesses of the prosecution.

                        15. With regard to the doctor who conducted the Post

        Mortem examination on the body of the deceased, it is submitted

        that he was neither examined during the course of the trial nor

        any effort was made to get the post-mortem report marked an

        exhibit. It has thus been contended that in the background of the

        fact that there is a direct allegation against the accused persons/
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        respondents that the deceased was brutally assaulted, which stood

        supported by the post-mortem report indicating incised injuries

        caused by sharp cutting weapon to be the cause of the death, the

        examination of the doctor conducting the post-mortem and

        proving the Post Mortem Report during trial assumes extreme

        significance. It has thus been submitted that a grave miscarriage

        of justice has been caused by the non-examination of material

        witnesses which eventually led to the acquittal of the accused

        persons, which has been caused on account of failure of duty on

        the part of both the learned Public Prosecutor and the learned

        Trial Court.

                        Submission on behalf of the State/ Respondents

                        16. The learned APP for the state and the learned

        counsel for the respondents No. 2 to 6 have submitted at the

        outset that the judgment of the learned Trial Court does not suffer

        from any illegality, in as much as, the same is based upon proper

        consideration of evidences which were adduced during trial. The

        prosecution has produced only three witnesses out of which PW-1

        did not support the case of the prosecution and as such was

        declared hostile, whereas PW-3, who is the second Investigating

        Officer of the case has clearly stated that he only submitted

        charge-sheet and did not take statement of any witnesses in this

        case. PW-2, the informant of this case, is the only witness

        claiming to be an eye-witness but since his sole testimony was not
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        treated as that being of ‘sterling quality’, in absence of other

        corroborative evidences, could not be made sole basis of

        conviction and rightly led to a judgment of acquittal, granting

        benefit of doubt.

                        17. It has further been submitted that despite issuance

        of summons and other processes, the witnesses of the prosecution

        chose not to appear, and in this background the judgment of

        acquittal does not warrant any interference.

                        Analysis and consideration

                        18. Having heard learned counsel for the parties,

        considering the evidence led at the trial as well as upon perusal of

        records, this court finds that instead of entering into the merits of

        the case, the issue raised through the submissions made on behalf

        of the parties and a vital argument arising therefrom needs to be

        first addressed and analyzed. We are thus, taking into

        consideration        the    appellant’s      argument   relating   to   non-

        examination of material witnesses/chargesheet witnesses on

        account of the closure of the prosecution evidence without taking

        proper and legal recourse to ensure the attendance of these

        witnesses during trial.

                        19. It is noticed that the prosecution in order to

        substantiate its case, examined only three out of total seven

        witnesses named in the charge-sheet and the supplementary

        charge-sheet, being PW-1 Buchan Yadav, a co-villager who was
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        declared hostile during trial, PW-2 the informant of the case and

        PW-3 the second Investigating Officer who had submitted charge-

        sheet. It is apparent that the remaining chargesheet witnesses and

        most importantly the first Investigating Officer who conducted

        the entire investigation, including the examination of place of

        occurrence and recording of statements of witnesses during

        investigation was not examined. The doctor who conducted the

        post-mortem examination on the body of the deceased, was also

        not examined nor the post-mortem report could be proved during

        trial.

                        20. Upon perusal of the records, it transpires that

        initially, on the date of framing of charges i.e., on 24-11-2021, a

        general order issuing summons to prosecution witnesses was

        passed and thereafter summons were issued to the prosecution

        witnesses vide order dated 12-04-2023. The subsequent order

        sheet indicates that bailable warrant of arrest were also issued

        upon the non-examined, non-official witnesses upon receiving of

        service reports of summons. Further, PW-1 & PW-2 were

        examined on 02-06-2023 and 10-08-2023, respectively. But, so

        far as the Investigating Officer is concerned (not clearly

        mentioning whether it was the first Investigating Officer or the

        second Investigating Officer), summons were issued vide order

        dated 23-08-2023 and by the same order ,noticing the fact that the

        Investigating Officer did not mention the name of the doctor in
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        the witness column of Charge-sheet, the learned Trial Court

        directed to issue summons to the doctor through Civil surgeon,

        Saharsa. From the order-sheet dated 05-09-2023 of the learned

        Trial Court, it appears that the attendance of the doctor, Dr. S.P.

        Biswas was filed but since the Presiding Officer was on leave, the

        matter was posted on 30-09-2023, however, on the next few dates

        no prosecution witness was in attendance and the direction was

        given to the learned Public Prosecutor to produce the remaining

        witnesses.

                        21. The records further indicate that without the

        service report of bailable warrants, NBW was issued to the non-

        examined Prosecution Witnesses vide order dated 08-04-2024

        whereafter PW3 was examined on 09-05-2024. As late as on 30-

        05-2024, there was a direction to issue summon specially against

        the first Investigating Officer S.I. Arvind Kumar Mishra and

        giving a last chance to the learned Public Prosecutor for

        producing        the    remaining        witnesses    including   the   first

        Investigating Officer vide order dated 24-06-2024. The learned

        Trial Court finally closed the evidence on 01-07-2024 on the

        prayer of accused persons and the case was thus, fixed on 09-07-

        2024 for recording of the statements of the accused persons under

        section 313 Cr.P.C.

                        22. The records of the Trial Court, as examined by

        this court, reveal that some efforts were made to produce the
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        witnesses, but so far as the official witnesses i.e., the first

        Investigating Officer and the doctor are concerned, the efforts can

        be said to be half-hearted or not executed with such seriousness as

        to secure the attendance of these witnesses which was extremely

        important for proper adjudication of this case and for ensuring a

        fair trial, more so, in the background of the fact that the doctor

        had appeared on one date while the presiding officer was on leave

        and yet sincere efforts and effective steps were not taken either on

        behalf of the Public Prosecutor or the learned Trial Court to get

        him examined as a witness.

                        23. Trials may result in conviction or acquittal but it

        is the solemn duty of the concerned court and the officers of the

        court to make all endeavors so that the trial is fair and the

        conclusion of the trial is based on just and proper findings of the

        court which can only emerge if the norms of a fair trial is

        followed in its true letter and spirit.

                        24. At this juncture, this Court is tempted to quote

        from the case of J. Jayalalithaa Vs. State of Karnataka

        reported in (2014) 2 SCC 401 wherein the Hon’ble Supreme

        Court deliberated on the concept of fair trial and it reads as

        hereunder: -

                                     “29. Denial of a fair trial is as much injustice
                        to the accused as is to the victim and the society. It
                        necessarily requires a trial before an impartial judge, a
                        fair prosecutor and an atmosphere of judicial calm. Since
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                        the object of the trial is to mete out justice and to convict
                        the guilty and protect the innocent, the trial should be a
                        search for the truth and not a bout over technicalities and
                        must be conducted under such rules as will protect the
                        innocent and punished the guilty. Justice should not only
                        be done but should seem to have been done. Therefore, free
                        and fair trial is a sine qua non of Article 21 of the
                        Constitution……………………..”


                        25. Further, in the case of Natasha Singh Vs. C.B.I.

       reported in (2013) 5 SCC 741, the Hon’ble Apex Court laid down

       in paragraph-16 as under:

                                     “16. Fair trial is the main object of criminal
                        procedure, and it is the duty of the court to ensure that
                        such fairness is not hampered or threatened in manner.
                        Fair trial entails the interests of the accused, the victims
                        and of the society, and therefore, fair trial includes the
                        grant of fair and proper opportunities to the person
                        concerned, and the same must be ensured as this is a
                        constitutional, as well as a human right. Thus, under no
                        circumstances can a person’s right to fair trial be
                        jeopardised…………….”


                        26. Being conscious of the principles and norms of a

        fair trial as laid down by the Hon’ble Supreme Court, especially

        keeping in view the fact that the case at hand relates to a murder

        trial where the objective of finding the truth should not be

        frustrated by one or the other reason, including not enough

        interest taken by the public prosecutor or the duties not

        adequately discharged by the court concerned. A three Judges

        Bench in the case of Shailendra Kumar Vs. The State of Bihar

        and Others reported in (2002) 1 SCC 655 has also dealt with the
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        examination of the Investigating Officer and the duties of the APP

        and the concerned Court in the words as quoted hereunder:

                                     “9. In our view, in a murder trial it is sordid
                        and repulsive matter that without informing the police
                        station officer-in-charge, the matters are proceeded
                        with by the court and by the APP and tried to be
                        disposed of as if the prosecution has not led any
                        evidence. From the facts stated above, it appears that
                        the accused wants to frustrate the prosecution by
                        unjustified means and it appears that by one way or
                        the other the Additional Sessions Judge as well as the
                        APP have not taken any interest in discharge of their
                        duties. It was the duty of the Sessions Judge to issue
                        summons to the Investigating Officer if he failed to
                        remain present at the time of trial of the case. The
                        presence of investigating officer at the time of trial is
                        must. It is his duty to keep the witnesses present. If
                        there is failure on the part of any witness to remain
                        present, it is the duty of the court to take appropriate
                        action including issuance of bailable/non-bailable
                        warrants, as the case may be. It should be well
                        understood that the prosecution cannot be frustrated
                        by such methods and victims of the crime cannot be
                        left in a lurch.”


                        27. Upon examining the records of the present case,

        this Court also noticed that the High Court during the pre-trial bail

        proceedings       had     observed          that   the   trial   be   concluded

        expeditiously, preferably within a period of one year from the date

        of the order which was 29.03.2023, whereafter the learned Trial

        Court had sought for an extension on 01.04.2024 for three months.
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        However, the court could neither secure the presence of the first

        investigating officer nor the doctor who conducted the

        postmortem examination, which were two very vital witnesses

        whose examination was imperative for a just decision of the case.

                        28. In a situation akin to the one existing in the

        present case, where the High Court had fixed a preferable time for

        conclusion of trial, the Hon’ble Supreme Court in the case of

        Bablu Kumar and Others Vs. State of Bihar and Another,

        reported in (2015) 8 SCC 787, went on to state that keeping in

        view the concept of fair trial, the obligation of the prosecution, the

        interest of the community and the duty of the court, the court

        cannot be a silent spectator or mute observer when it presides over

        a trial and it is its duty to see that neither the prosecution nor the

        accused play truancy with the criminal trial or corrode the sanctity

        of the proceeding. The words of the Hon’ble Apex Court are being

        quoted hereunder:

                                     “22……….The court is duty-bound to see that
                        neither the prosecution nor the defence takes unnecessary
                        adjournments and take the trial under their control. The
                        court is under the legal obligation to see that the
                        witnesses who have been cited by the prosecution are
                        produced by it or if summons are issued, they are actually
                        served on the witnesses. If the court is of the opinion that
                        the material witnesses have not been examined, it should
                        not allow the prosecution to close the evidence. There can
                        be no doubt that the prosecution may not examine all the
                        material witnesses but that does not necessarily mean that
                        the prosecution can choose not to examine any witness
                        and convey to the court that it does not intend to cite the
                        witnesses. The Public Prosecutor who conducts the trial
                        has a statutory duty to perform. He cannot afford to take
                        things in a light manner…………..”
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                        29. The records of the present case further reveal that

         by order dated 30.05.2024 the office was directed to issue

         summons against first Investigating Officer, SI. Arvind Kumar

         Mishra in addition to earlier instances of directing the Public

         Prosecutor generally to produce remaining witnesses. On

         24.06.2024, the learned PP was again directed to produce

         witnesses including the Investigating Officer, as a last chance

         given to the prosecution to produce the witnesses. However, there

         is no service report of the summon being received by the

         concerned Investigating Officer and no further efforts seem to be

         made either by the Public Prosecutor or by the Concerned Court

         to secure his attendance as on the very next date i.e. on

         01.07.2024, the prosecution evidence was closed and the date

         was fixed for recording of the statement of the accused persons

         under Section 313 of the Cr.P.C.

                        30. So far as the Doctor is concerned, as earlier

         noted, even though he made an appearance on a particular date

         when the Presiding Officer was on leave, no further efforts or

         reminders were sent for his appearance and on account of his

         non-appearance, the postmortem report could not be brought on

         record and the non-examination of the first Investigating Officer

         also led to non-proving of documents like the inquest report and

         other material facts which would have had a serious impact on

         the final decision of the trial.
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                        31. In a criminal case, the fate of the proceedings

         cannot be left entirely in the hands of the parties as the concept of

         fair trial entails protection of interests of the accused, the victim

         and the society at large. Courts thus, have an overriding duty to

         maintain public confidence in the administration of justice. The

         concerned court must thus take active interest to elicit and bring

         on record all relevant materials to find out the truth in order to

         reach a proper conclusion as regards to the guilt or otherwise of

         the accused persons so that justice is administered with all

         fairness to both the contesting parties.

                        32. Taking into consideration all the foregoing

         reasons, submissions advanced on behalf of the parties and upon

         the examination of materials on record, this Court is of the

         considered opinion that the impugned judgment of acquittal is

         not based on complete evidence as the entire evidence has not

         been brought on record, as such, the same has not been

         appreciated by the learned Trial Court before passing the order of

         acquittal.

                        33. Thus, without entering into the merits of the case,

         we find it expedient in the interest of justice to remand the matter

         to the learned trial court to ensure service of summons on the

         concerned I.O. and the doctor and after recording of their

         evidence, appropriate orders be passed.
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                        34. The impugned judgment of acquittal passed by

         the Court of learned Sessions Judge, Saharsa in Sessions Trial

         No.127 of 2021 (arising out of Bihra P.S. Case NO. 127 of 2020)

         is hereby set aside and remanded to the learned trial court to

         decide the matter afresh after recording the evidence of the

         Investigating Officer S.I. Arvind Kumar Mishra and Dr. Shekhar

         Prasad Bishwas, who conducted post-mortem examination on the

         body of the deceased, after securing their attendance. It is further

         directed that after recording the evidence, the learned trial court

         would proceed to conclude the trial as early as possible and

         practicable, preferably within a period of four months from the

         date of receipt of a copy of the order of this Court.

                        35. The respondent nos.2 to 6 shall surrender in the

         learned Trial Court within four weeks from the date of uploading

         of this judgment failing which the Trial Court shall take

         coercive action to secure their presence. If the respondent nos.2

         to 6 surrender in the Trial Court within the aforesaid period, the

         Trial Court shall allow them to continue on bail on execution of

         fresh bail bonds to the satisfaction of the Court. The Trial Court

         shall take appropriate steps to procure presence of the

         prosecution witnesses and shall also give adequate opportunity to

         the defence. The trial should proceed on day-to-day basis keeping

         in view the judgment of the Hon’ble Supreme Court in the case

         of The Central Bureau of Investigation vs. Mir Usman @ Ara
             Patna High Court CR. APP (DB) No.1253 of 2024 dt.02-04-2026
                                                        19/19




                      @ Mir Usman Ali reported in 2025 INSC 1155, unless it

                      becomes imperative to adjourn the matter for a cogent reason.

                                   36. Accordingly, the present appeal stands allowed

                      with the aforesaid directions to the learned Trial Court.

                                   37. Let a copy of this judgment together with the entire

                      trial court records be sent down to the Trial Court through the

                      messenger of the Court.


                                                          (Rajeev Ranjan Prasad, J)


                                                                 (Soni Shrivastava, J)
anand/-
AFR/NAFR                AFR
CAV DATE                NA
Uploading Date          16.04.2026
Transmission Date       16.04.2026


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