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Patna High Court

Naresh Prasad Kanu @ Naresh SahversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appellate court upheld the trial court's acquittal on Sections 307 and 379 IPC, finding no intent to cause death and confirming the compensation order.

Summary

The appeal challenged the acquittal of four accused under Sections 307 and 379 of the IPC and the compensation awarded to the victims. The incident arose from a land dispute during which the informant and his son were assaulted, sustaining grievous injuries. The trial court found the prosecution failed to prove intent to cause death or theft, acquitting the accused of the murder and robbery charges while convicting them under Sections 341, 325 and 34. The High Court examined the credibility of witnesses, medical reports, and the lack of use of a firearm, concluding that the essential ingredients of Section 307 were absent. It also upheld the compensation order as equitable. Consequently, the appeal was dismissed, confirming the acquittal and the compensation decree.

Issues considered

  • The prosecution proved the elements of Sections 307 and 379 IPC beyond reasonable doubt
  • Whether the injuries sustained indicate an intention to cause death
  • Whether the trial court erred in awarding compensation of Rs.25,000 each to the victims

Legislation cited

Subjects

  • Section 307 IPC
  • Section 379 IPC
  • Acquittal
  • Compensation
  • Intent to kill
  • Criminal appeal
  • Evidence assessment
  • Criminal Procedure

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (DB) No.1422 of 2024
          Arising Out of PS. Case No.-105 Year-2011 Thana- BRAHMPUR District- Buxar
     ======================================================
     Naresh Prasad Kanu @ Naresh Sah Son of Late Bhekha Kanu @ Bhekha Sah
     @ Shekha Sah @ Late Shekha Kanu Resident of Village - Brahampur, P.S. -
     Brahampur, District – Buxar.                          ... ... Appellant.
                                    Versus
1.    The State of Bihar
2.   Ganesha Nand Pandey Son of Sri Shiv Je Pandey Resident of Village -
     Brahampur, P.S. - Brahampur, District - Buxar
3.   Pintu Pandey Son of Sri Shiv Je Pandey Resident of Village - Brahampur,
     P.S. - Brahampur, District - Buxar
4.   Mahesha Nand Pandey Son of Sri Shiv Je Pandey Resident of Village -
     Brahampur, P.S. - Brahampur, District - Buxar
5.    Shiv Je Pandey Son of Sri Ram Ekbal Pandey Resident of Village -
      Brahampur, P.S. - Brahampur, District - Buxar
                                                     ... ... Respondents.
     ======================================================
     Appearance :
     For the Appellant/s     :        Dr. Kamal Deo Sharma, Advocate
     For the Respondent/s    :        Mr. Syed Ashfaque Ahmad, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                          And
              HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                         ORAL JUDGMENT
        (Per: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA)

      Date : 17-04-2026
               Heard Dr. Kamal Deo Sharma, learned counsel for the

       appellant and Mr. Syed Ashfaque Ahmad, learned Additional

       Public Prosecutor for the State.

                  2. The present appeal has been preferred under proviso

       of Section 372 of the Code of Criminal Procedure, 1973

       challenging the judgment and order of sentence dated

       24.09.2024 and 04.10.2024 respectively, passed by the Court of

       learned Additional Sessions Judge-II, Buxar in Sessions Trial

       No.334 of 2013 (arising out of Brahmpur P.S. Case No. 105 of

       2011), whereby and whereunder the respondent nos.2 to 5 have
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          been acquitted from the charges levelled against them under

          Sections 307 and 379 of the Indian Penal Code (hereinafter

          referred to as ‘IPC’) and the compensation amount of

          Rs.25,000/- each awarded to the injured victims to be paid by

          respondent nos.2 to 5 has also been challenged.

                       3. The respondent nos.2 to 5 have, however been

          convicted for the charges levelled against them under Section

          341, 325 read with 34 of the IPC, whereunder they have been

          directed to be released on probation of good conduct upon

          furnishing bonds of Rs.50,000/- each with direction to make

          apperance for a period of three years, from the date of order of

          sentence, as and when required and maintain peace and good

          behaviour in the mean time. Further, respondent nos.2 to 5 have

          been directed to deposit a sum of Rs.25,000/-, each as

          compensation, in the Nazarat of the Civil Court, within a period

          of ten days, and this amount of Rs.1,00,000/- would be divided

          equally among both the injured persons, Naresh Prasad Kanu

          and his son, Suresh Prasad.

                     4. The records of this appeal have been placed before

          this Court for consideration of the prayer of the appellant.

                     5. The prosecution case, in brief, is that the informant,

          Naresh Prasad Kanu (P.W.6), submitted a written application
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          before the Station House Officer of the Brahmpur Police Station

          stating therein that he owns and runs a sweet and samosa shop

          situated to the west of the western gate road of Brahmpur Shiv

          Mandir, which stands on his own land. It is alleged that on

          04.06.2011, while the informant was laying bricks on land

          adjacent to his shop to prevent rain water from entering the

          premises, the accused persons, namely, Ganeshanand Pandey,

          Pintu Pandey, Maheshanand Pandey and Shivji Pandey, all sons

          of Shivji Pandey, except Shivji Pandey, who is son of Late Ram

          Ekbal Pandey, arrived there armed with deadly weapons.

                     5.1.    It is further alleged that Ganeshanand Pandey

          (respondent no.2) exhorted the others to kill the informant,

          whereupon all the accused persons assaulted him with mattock,

          lathi and spear with the intention to cause his death, resulting in

          grievous head injury to him, whereafter he fell on the ground.

          Further allegation is that thereafter Ganeshanand Pandey took

          away a sum of Rs.2500/- from the cash box of the shop and

          Pintu Pandey snatched a gold chain weighing about one bhar

          from the neck of the informant, while Mahesh Pandey is alleged

          to have taken away the watch from the hand of the informant.

          Further, upon alarm being raised, the informant’s son, Suresh
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          Prasad Kanu, along with several villagers, rushed to the place of

          occurrence, whereupon the accused persons fled away.

                     5.2. It is lastly alleged that the informant’s son, Suresh

          Prasad Kanu also sustained an injury on his right shoulder during

          the occurrence. It is asserted that the accused persons assaulted

          the informant with the intention to kill him. Hence, a prayer was

          made for taking appropriate action against the accused persons.

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

          of the informant-Naresh Prasad Kanu, Brahmpur P.S. Case No.

          105 of 2011 dated 04.06.2011 under Section 341, 323, 504, 324,

          379, 307 read with 34 of the IPC was registered by the police

          officials against four named accused persons (respondent nos.2

          to 5).

                       7.     After completion of the investigation, police

          submitted charge-sheet on 30.08.2011 vide charge-sheet No. 190

          of 2011 under Sections 341, 323, 504, 325, 307 and 34 of the

          IPC, against four accused persons, namely, Ganeshananad

          Pandey (R-2), Maheshanand Pandey (R-4) and Shivji Pandey

          (R-5), showing accused Pintu Pandey (R-3) as not sent up for

          trial. However, learned Magistrate took cognizance against all

          the four accused persons (Respondent Nos.2 to 5) under the

          aforementioned sections vide order dated 24.07.2013, whereafter
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          the case was committed to the Court of Sessions for trial. The

          learned Trial Court framed charges against the respondents under

          Section 307, 341, 323, 325, 379 and 34 of the IPC vide order

          dated 13.11.2014, which were explained to them to which they

          pleaded not guilty and claimed to be tried.

                     8. The prosecution, in order to substantiate its case,

          during the trial, examined as many as seven witnesses and

          exhibited two documents. The defence did not examine any

          witness but adduced documentary evidence. The list of

          prosecution witnesses and the documents exhibited on behalf of

          the prosecution and the defence are mentioned herein-below in a

          tabular chart.


                               List of Prosecution witnesses

           Prosecution      Name of the witness               Description
           witness No.
           P.W.1           Hari Narayan Yadav        Independent witness

           P.W.2           Rajendra Prasad Yadav     Independent witness

           P.W.3           Deepak Prasad             Independent witness

           P.W.4           Suresh Prasad             Informant’s son (injured witness)

           P.W.5           Dr. Kumar Gaurav          Medical Officer

           P.W.6           Naresh Prasad Kanu        Informant (injured witness)

           P.W.7           Raghuvir Singh            Investigating Officer
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                      List of Exhibits on behalf of Prosecution

           Exhibit No.     Description of Exhibit             Proved by/Attested
                                                              by
           Ext.1           Injury report of Naresh            P.W.5
                           Prasad Kanu/Informant
           Ext.1/A         Injury report of Suresh     P.W.5
                           Prasad Kanu/Informant’s son


                     List of Exhibits on behalf of the defence


           Exhibit    Description of Exhibit            Proved by/Attested
           No.                                          by
           Ext.A Certified copy of new survey                  N/A
                   khatiyan of land bearing Khata
                   No.1276, Khesara No.1788
           Ext.B   Certified copy of the G.R. register         N/A
                   (Court of C.J.M., Buxar) showing
                   the entry regarding sending of
                   Brahmpur P.S. Case No.104/2011
                   to the Gram Kutchery
           Ext.C   Certified copy of the order datred          N/A
                   02.06.2022 passed by the District
                   Magistrate, Buxar
           Ext.D Certified copy of the order dated             N/A
                   25.02.2022      passed    by     the
                   Additional     Collector     (Public
                   Grievance Redressal), Buxar.
           Ext.E   Certified copy of the order dated           N/A
                   24.02.2022      passed    by     the
                   Additional     Collector     (Public
                   Grievance Redressal), Buxar.
           Ext.F   Certified copy of Civil Suit                N/A
                   No.371/2017 (Shivji Pandey Vs.
                   Naresh Prasad Kanu and others)

                      9. The statement of the accused persons under Section

        313 Cr.P.C was recorded on 04.01.2017, wherein they have

        denied the allegations and have claimed to be innocent.
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                                 Findings of the learned Trial Court

                      10.     The learned Trial Court, after considering and

        analyzing the materials available on record, including the

        evidence of witnesses, found that the prosecution witnesses were

        all either interested or inimical to the accused persons on account

        of an old dispute with regard to property. The reason for dispute

        between the parties is said to be their claim over a shop. It has

        also been found that three independent witnesses, being P.Ws. 1,

        2 and 3, have been examined as eye witnesses of the occurrence.

        So far as P.W.4, Suresh Prasad (Informant’ son) and PW-6,

        Naresh Prasad Kanu (Informant), are concerned, they are also eye

        witnesses of the said occurrence and have sustained injury in the

        said occurrence.

                      11.    The learned Trial Court, while analysing the

        evidence of P.W.5, Kumar Gaurav, the Medical Officer, who

        examined the injured persons and issued the injury reports (Ext. 1

        and 1/A), has observed that from his evidence that it does not

        appear that the injuries were either dangerous to life or there was

        even any possibility that death would be caused on account of

        same. Considering the said fact, the learned Trial Court has

        concluded that the prosecution has not been able to prove the

        charge under Section 307 IPC against the accused persons. On the
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        basis of the facts and circumstances of the basic dispute being that

        of claim over a shop, with respect to which the defence has also

        exhibited some documents and also upon consideration of other

        other evidence on record, the charge under Section 379 of the IPC

        has also not been found to be proved.

                      12. The learned Trial Court has, however, given the

        finding that the prosecution witnesses, giving an eye witness

        account of the occurrence, appeared to be credible witnesses and

        especially the testimony of P.W.4 and P.W.6, who are also the

        injured witnesses, cannot be held to be doubtful. It has also been

        considered by the learned Trial Court that since the accused

        persons and the witnesses belonged to the same village and are

        neighbours, the identification of the accused persons cannot be

        doubted. Minor inconsistencies and contradictions in the evidence

        would not have any adverse impact on the case of the

        prosecution. On the basis of the evidence on record, the learned

        Trial Court has concluded that the charges under Sections 341,

        325 and 34 of the IPC are established by the prosecution against

        the accused persons, beyond reasonable doubt, as such, all the

        four respondents i.e. respondent nos.2 to 5 have been found guilty

        under the above-mentioned charges, while acquitting them of the

        charges under Section 307 and 379 of the IPC.
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                      Submission on behalf of the Appellant (informant)

                      13.    Mr. Kamal Deo Sharma, learned counsel for the

        appellant submits that the impugned judgment, so far as it relates

        to acquittal of the respondent nos.2 to 5 from charges under

        Section 307 and 379 of the IPC, is fit to be set aside and further

        submitted that the compensation awarded by the learned Trial

        Court is inadequate. It is stated that on account of a land dispute,

        all the accused persons, in collusion with each other, inflicted

        serious injuries on the informant and his son. It has further been

        submitted that all the seven prosecution witnesses have supported

        the case of the prosecution and the injuries suffered by the two

        injured witnesses, P.W.4 and P.W.6 stand corroborated by the

        medical evidence in the form of injury report proved by the

        Medical Officer.

                      14.     It is, thus, submitted on behalf of the appellant

        that both the oral evidence, which is an eye witness account of the

        witnesses, coupled with the medical evidence corroborating the

        same, establishes the case of the prosecution beyond reasonable

        doubt. Therefore, acquittal from the charges under Section 307

        and 379 of the IPC is against the weight of evidence and the

        findings to such extent are not legally sound.
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                      Submission on behalf of the respondent (State)

                      15.    Mr. Syed Ashfaque Ahmad, learned Additional

        Public Prosecutor for the State, has submitted that the present

        case arises out of a land dispute and there are vital contradictions

        in the evidence of the witnesses, coupled with several

        improvements having been made by them during trial, rendering

        the entire prosecution case doubtful. It is contended that there is a

        dispute between the parties with respect to a shop and the

        adjacent land which was the ancestral property of the accused

        persons given on rent to the informant, whereupon the informant

        and others are claiming their possession illegally. Reference has

        been made to the Civil Suit bearing No.371 of 2017 (Ext. F)

        which is pending adjudication. It is pointed out that documents

        have also been produced by the defence with regard to an earlier

        case being Brahmpur P.S. Case No.104 of 2011 (Ext.B).

                      16. It has also been argued that the independent

        witnesses have not supported the occurrence and the prosecution

        has not been able to prove its case beyond all reasonable doubt. It

        has thus been contended that there is no illegality in the impugned

        judgment of the learned Trial Court while acquitting the accused

        persons from the charges under Section 307 and 379 of the IPC.
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                                      Analysis and Consideration

                      17.    We have perused the impugned judgment of the

        learned Trial Court, the entire materials on record and have given

        thoughtful consideration to the rival submissions made by the

        learned counsel for the appellant as well as the learned APP for

        the State.

                      18. The focal point for consideration is as to whether

        the acquittal of the accused persons (respondent nos.2 to 5) from

        the charges under Section 307 and 379 of the IPC is justified and

        whether the prosecution has been able to bring home the aforesaid

        charges levelled against them beyond all reasonable doubts. This

        Court would confine its findings and conclusion to the aspect of

        the legality/illegality of the acquittal of the respondents from the

        aforementioned charges.

                      19. On going through the narration of the prosecution

        witnesses, it would be apparent that out of the seven witnesses

        examined by the prosecution, P.Ws.1, 2, 3, 4 and 6 claim to be the

        eye witnesses of the occurrence, out of whom P.Ws.1, 2, and 3 are

        independent witnesses, while P.W.4 is the son of the informant

        and P.W.6 is the informant himself who also happen to be the

        injured witnesses as they are said to have suffered injuries at the

        hands of the accused persons in the alleged occurrence. P.W.5 is
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        the doctor who examined the injuries of the injured persons and

        the Investigating Officer of the case has been examined as P.W.7.

                      20. Upon going through the evidence of the aforesaid

        prosecution witnesses, we find that while P.W.1 and P.W.3 have

        claimed to be eye witnesses in their examination-in-chief, during

        the cross-examination, they have stated that when they reached

        the place of occurrence they saw blood oozing out from the head

        of the injured persons. P.W.2 has also stated before the

        Investigating Officer (P.W.7) that the allegation of theft is false.

        P.W.3 has admitted that his statement was recorded by the police,

        15 to 20 days after the occurrence. These independent witnesses

        have admitted that they are not related to the informant but are his

        neighbours. The evidence of these witnesses may be viewed with

        some suspicion with regard to they being eye witnesses of the

        occurrence as from the trend of their examination and cross-

        examination, it appears that they have made some noticeable

        improvements during trial.

                      21. We also proceed to consider here that none of

        these independent witnesses have stated that any assault was

        made with the intention to kill, although they have stated that the

        accused persons were armed with sticks, spear and country made

        pistol, but for the fact that Ganesh Pandey (respondent no.2) had
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        exhorted to kill the informant.              It is also noticed from their

        evidence that there are several inconsistencies with regard to the

        weapons with which the accused persons were allegedly armed.

                      22. Coming to the evidence of P.W.4, the son of the

        informant, it appears from his evidence that upon exhortation

        given by Ganeshanand, mar-pit ensued between the parties in

        course of which he along with his father got injured and some

        ornamental allegation of taking away of some cash and chain was

        also imputed. However, in the cross-examination he has stated

        that he does not remember which weapon was used to cause

        injury on his father’s head. P.W.6, the informant himself has also

        deposed on the same lines but has admitted in paragraph-4 of his

        deposition that while he suffered only one injury, his son

        sustained 2-3 injuries caused by lathi blow.

                      23. At this juncture, it would be pertinent to refer to

        the evidence of the doctor (P.W.5), who had examined the injuries

        of the two injured persons P.W.4 and P.W.6 and found the

        following injuries on their person:-

                         Informant (Naresh Prasad Kanu) :
                      (i) Lacerated injury on the left uper side of the skull 1’ x 0.2” x
        0.3”
                    (ii) Abrasion on right knee joint with pain & swelling.
                    Injury no.1 is grievous as X-ray report shows fracture of parital
        bone. Injury no.2 is simple in nature.
                    Informant’s son (Suresh Prasad):
                    (i) Lacerated injury and swelling with rib on right side of
        shoulder.
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                     (ii) Abrasion on right ankle joint.
                     (iii) Body pain.
                     Injury no.1 is grievous as X-ray shows fracture of 3rd rib on right
        side. Injury no.2 and 3 are simple in nature.

                      24. In the cross-examination, the doctor has clearly

        stated that injury no.2 suffered by the informant on the knee joint

        could not lead to death, while injury no.1 on the informant’s son

        (P.W.4) was found grievous but there was no memo number

        indicated on any injury.

                      25. From the evidence of the Investigating Officer

        (P.W.7), it appears that cases have been filed from both the

        litigating sides with respect to the same incident and both have

        been investigated by him and in both the cases, he had submitted

        the chargesheet. However, he has stated that he had found no

        blood or any sign of violence on the place of occurrence.

                      26. The moot question, thus, to be adverted to, is

        whether the present case would fall within the ambit of Section

        307 of the IPC or under Section 325, as has been concluded by

        the impugned judgment, convicting the accused persons/

        respondents under Section 325 along with Section 341 and 34 of

        the IPC, while acquitting them from the charges levelled against

        them under Section 307 and 379 of the IPC.

                      27. From the medical evidence, as discussed earlier, it

        would be apparent that there is one lacerated injury found on the
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        skull of the informant, which has been found to be grievous but

        the other injury is on the right knee in the nature of pain and

        swelling, opined to be simple in nature. So far as the informant’s

        son, Suresh Prasad (P.W.4) is concerned, a lacerated injury was

        found on the right side of the shoulder, which was opined to be

        grievous in nature, but the other two injuries, which were in the

        nature of abrasion on right ankle joint and body pain were found

        to be simple in nature.

                      28.    It is apparent from a bare look at the injuries

        received by the injured persons, that in case of the informant’s

        son (P.W.4), no assault has been made on the vital part of the

        body and with regard to the informant, Naresh Prasad Kanu

        (P.W.6), it is found that although one grievous injury has been

        found on the vital part, there is no repetition of any blow,

        indicating thereby that there was no intention of the assailant to

        cause the death of the injured.

                      29. It is also a fact that the prosecution story does not

        reveal any premeditated plan or mindset to cause death of the

        injured persons and, as a matter of fact, it is only on account of

        the dispute which took place between the parties on the alleged

        date of occurrence, with regard to laying down bricks by

        informant adjacent to his shop over which there were competing
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        claim by the accused persons/respondent nos.2 to 5 also, that the

        altercation ensued between the parties. As per the evidence of the

        I.O., Raghuvir Singh (P.W.7), cases were filed from both the sides

        and chargesheet was also filed in both the cases finding them to

        be true. The matter thus escalated at the spur of the moment upon

        exhortation given by respondent no.2.

                      30. From the evidence of P.Ws.1 and 4, it also appears

        that the accused persons were also armed with country made

        pistol but the same is not said to be used in the said occurrence,

        which is a vital circumstance to indicate that, had there been an

        intention to kill, there was nothing deterring the accused persons

        from using the same for achieving their objective.

                       31. The law is settled that for constituting an offence

        under section 307 of the IPC, there has to be clear evidence that

        the intent behind an act is to cause death of the person. In the case

        of Shoyeb Raja vs State of Madhya Pradesh and Ors. reported

        in 2024 SCC Online SC 2624, the said principle was reinforced

        and while reiterating the well-settled legal principles governing

        Section 307 IPC, the Hon’ble Apex Court referred to the three

        essential ingredients which must be present for the application of

        the aforesaid section as enumerated in the case of State of
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        Maharashtra vs Kashirao & Ors. reported in (2003) 10 SCC

        434. The above-mentioned ingredients are as follows:

            1. An attempt to cause death.
            2. The act must be capable of causing death or should be done
            with the intent to cause death.
            3. The action taken by the accused should be imminently
            dangerous, and no excuse should justify the risk of death or
            serious injury.

                        32. Thus, it has been held that the critical element is

        the intent, regardless of the extent of physical injuries. It has been

        highlighted that even minor injuries can lead to serious charges if

        the intent to cause death is evident.

                      33.    In the case at hand, none of the above-mentioned

        ingredients can be said to be in existence and the very fact of not

        using the firearm is a clear pointer towards the fact that there was

        no intention to kill. Section 307 of the IPC would not be attracted

        merely because a person has received a grievous injury and for

        the application of the said provision, the entire background has to

        be viewed and analyzed to reach to an irresistible inference that

        the intention was only to cause death. In the entire fact scenario,

        the dispute between the parties with regard to land and the shop is

        an admitted one, for which cases were filed from both the sides. It

        is also a fact that it has not been indicated in the injury report as

        to from what kind of weapon the said injuries were caused.
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        However, considering the lacerated nature of injury, it can be

        inferred that the same was caused by hard and blunt substance.

        The nature of injury has been based upon the report of the

        Radiologist/X-ray report, but the said expert, conducting the

        same, has not been examined.

                      34.     From the foregoing analysis of evidence, it

        transpires that the occurrence took place on account of a dispute

        between the parties which escalated, eventually leading to a fight

        between the parties, and subsequently led to injuries being caused

        during the course of such altercation.

                      35.    There is no doubt on the fact that the informant

        (P.W.6) and his son, (P.W.4) are the injured witness and the

        evidence of an injured witness has a greater evidentiary value and

        cannot be discarded or brushed aside lightly unless strong and

        compelling grounds exist, however, even for accepting the

        testimony of an injured witness, there has to be a prima facie

        satisfaction that he is a truthful witness and has no reason to

        falsely implicate the accused persons. It has been laid down in the

        case of Santosh Vs. State of Bihar reported in (2020) 3 SCC

        443, that ordinarily, an injured witness would not lie as to actual

        assailants but there can be no presumption or any basis for
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        assuming that the statement of such a witness is always correct or

        without any embellishments or exaggeration.

                      36. Thus, viewing the entire case from the standpoint

        of the backdrop of the case, the injuries indicated in the injury

        report in the nature of laceration, abrasion etc., non use of firearm

        weapons, coupled with the fact that there were no repetition of

        blows, it is difficult to infer that the acts of assault were made

        with the intention to cause death of any person. The essential

        ingredients in order to constitute an offence under Section 307 of

        the IPC, do not seem to be established in order to justify a

        conviction thereunder. The allegations of theft, in the background

        of the fight between the parties, appears to be totally ornamental

        and not all prosecution witnesses have mentioned the story of

        running away with cash, watch and chain. Thus, the offence under

        Section 379 of the IPC also remains not established and the

        charges as levelled against the accused persons (respondent nos.2

        to 5) with respect to both Section 307 and 379 of the IPC have not

        been proved by the prosecution beyond reasonable doubts.

                      37.    Thus, taking an overall perspective of all the

        above-mentioned facts and circumstances and after having

        examined and analyzed the evidence led by the prosecution, as

        also taking a holistic view of the entire case, we find no illegality
Patna High Court CR. APP (DB) No.1422 of 2024 dt.17-04-2026
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        or perversity in the findings recorded by the learned Trial Court

        with respect to non-applicability of Section 307 and 379 of the

        IPC, leading to the acquittal of the respondents from the charges

        levelled under the said provisions.

                    38. At this stage, it also needs to be considered that the

       present appeal is one against acquittal from certain charges. It is

       well settled that in cases of appeals against acquittal, unless and

       until the finding of the learned trial court is found to be palpably

       perverse or illegal, the appellate court would not interfere with the

       same for the purposes of reversing the finding of acquittal. This

       proposition has been clearly laid down by the Hon’ble Apex Court

       in the case of Nikhil Chandra Mondal vs. State of W.B.,

       reported in (2023) 6 SCC 605 and also in a case of Vijay Singh @

       Vijay Kr. Sharma vs. State of Bihar, reported in 2024 SCC

       OnLine SC 2623.

                    39. Further, in the case of Rajesh Prasad vs. State of

       Bihar, reported in (2022) 3 SCC 471, which also took note of the

       case of Chandrappa v. State of Karnataka, reported in (2007) 4

       SCC 415, the Hon’ble Apex Court specifically held that an

       appellate court must bear in mind that in cases of acquittal, there is

       double presumption in favour of the accused, one being the

       presumption of innocence available to him under the principles of
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       criminal jurisprudence and the second being, acquittal of the

       accused, thereby reinforcing the presumption of his innocence.

                      40. Thus, in view of the above discussion and analysis

        based on facts and law, impugned judgment dated 24.09.2024

        passed by the Court of learned Additional Sessions Judge-II,

        Buxar in Sessions Trial No.334 of 2013 (arising out of Brahmpur

        P.S. Case No. 105 of 2011) to the extent of acquittal under the

        aforementioned provisions, as challenged by the appellant, is

        based on sound reasons and the same warrants no interference.

                      41. So far as the challenge by the appellant with regard

        to the compensation of Rs.25,000/- each, imposed upon

        respondent nos.2 to 5, to be deposited for payment to the two

        injured persons, is concerned, this Court finds no reason to

        interfere with the same, as the learned Trial Court has exercised

        its discretion in judicious and equitable manner.

                      42. However, we hasten to add that our observation in

        the present case, is strictly confined to the legality/illegality of

        acquittal of the respondents from the charges levelled against

        them under Section 307 and 379 of the IPC and the amount of

        compensation directed to be paid by each respondents.

                      43. It is thus made clear that in case the respondents

        have preferred any appeal against their conviction as recorded by
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                     the present impugned judgment/order rendered by the learned

                     Trial Court, the observations and findings of this Court, would not

                     prejudice either of the parties in any manner and the same would

                     be decided on its own merits.

                                   44. Accordingly, the present appeal stands dismissed.

                                   45. The records of the present appeal be sent down to

                     the learned Court below.

                                                         (Rajeev Ranjan Prasad, J.)


                                                         (Soni Shrivastava, J.)


Trivedi/-
AFR/NAFR                AFR
CAV DATE                N/A
Uploading Date          23.04.2026
Transmission Date       23.04.2026


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