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Patna High Court

RAM AKBAL YADAV @ RAM IKBAL YADAVversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court upheld the trial court's acquittal, finding no error or illegality in the judgment.

Summary

The appellant, Ram Akbal Yadav, appealed the acquittal of four accused persons charged under Sections 302, 201 and 34 of the IPC for the murder of his son. The trial court had acquitted the accused on the ground that the prosecution failed to produce any substantive witnesses despite issuing bailable and non‑bailable warrants and dasti summons. The informant himself filed an affidavit supporting the defence and did not appear in court, further weakening the prosecution case. The appellant did not challenge the service of summons or warrants in the appeal. The High Court held that the trial court had taken all lawful steps to procure witness testimony and correctly concluded that the prosecution evidence was insufficient, dismissing the appeal as frivolous and imposing costs on the appellant.

Issues considered

  • Whether the trial court erred in acquitting the accused for lack of prosecution evidence.
  • Whether the service of summons, bailable and non‑bailable warrants to prosecution witnesses was proper.
  • Whether the informant's affidavit supporting the defence affects the prosecution's case.
  • Whether the appeal raised any meritful ground for interference with the trial court's judgment.

Legislation cited

Subjects

  • acquittal
  • insufficient evidence
  • witness non‑appearance
  • IPC murder
  • appeal
  • procedural law
  • summons
  • affidavit
  • frivolous appeal

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (DB) No.184 of 2021
         Arising Out of PS. Case No.-701 Year-2016 Thana- FORBESGANJ District- Araria
     ======================================================
     RAM AKBAL YADAV @ RAM IKBAL YADAV S/o- Prem Lal Yadav
     Resident of Village - Jogbani Ward No. 14, P.S. - Jogbani, District - Araria.
                                                                    ... ... Appellant
                                        Versus
1.    The State of Bihar
2.   Abdhesh Sah S/O- Rameshwar Sah Resident of Village Jogbani, Ward No.
     13, P.S. Jogbani, District - Araria.
3.   Parshuram Sah S/O- Tilak Sah Resident of Village Jogbani, Ward No. 13,
     P.S. Jogbani, District - Araria.
4.   Upendra Sah S/O- Tilak Sah Resident of Village Jogbani, Ward No. 13, P.S.
     Jogbani, District - Araria.
5.   Ravi Kumar Sah S/O- Rambilash Sah Resident of Village Jogbani, Ward No.
     13, P.S. Jogbani, District - Araria.

                                               ... ... Respondents
     ======================================================
     Appearance :
     For the Appellant       :        Mr. Jitendra Kumar, Advocate
     For the Respondent-State:        Km. Shashil Bala Verma, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
             and
             HONOURABLE MR. JUSTICE PRAVEEN KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

      Date : 22-01-2026


                 Heard learned counsel for the appellant and learned

     Additional Public Prosecutor for the State.

                 2. The appellant in this case has challenged the

     judgment dated 02.01.2021 (hereinafter referred to as ‘the

     impugned judgment) passed by the learned Additional District and

     Sessions Judge-V, Araria (in short ‘the learned trial court’) in
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       Sessions Trial No. 175 of 2017 (CIS No.175/2017) arising out of

       Forbesganj (Simraha) P.S. Case No. 701 of 2016.

                    3. By the impugned judgment, the learned trial court has

       been pleased to acquit the respondents No. 2 to 5 of the charges

       under Section 302 and 201/34 of the Indian Penal Code (IPC).

                    4. The prosecution case is based on the fard-beyan of

       Ram Ekbal Yadav (the informant) recorded by S.I. Om Prakash,

       S.H.O., Simraha P.S. on 30.12.2016 at 14:15 hours at Pothia Nahar

       Pool. In his fard-beyan the informant has alleged that in the night

       of 29.12.2016 after taking meal his son, namely Ajay Kumar

       Yadav, aged about 18 years, went to sleep with his grandfather and

       the family members also went to sleep. In the morning, when the

       informant got up at about 05:00 am, he did not find his son with

       his grandfather. Thereafter, the informant along with his family

       members made a search for him in the neighbourhood, when his

       son did not come back home till 10-11 AM, they started enquiry

       from the village people, in course thereof when they reached to the

       market, they came to know from people there that head of a person

       has been found near Pothia Nahar, upon which the informant along

       with his family members went to Pothia Nahar Pool, where he and

       the persons accompanying him identified from the photograph of

       the head in a mobile phone, the clothes and the chappal to be that
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       of his son. The informant has further stated in his fard-beyan that

       prior to the occurrence his son was being threatened on mobile of

       being killed by Ramvilash Sah and his family members as they

       were suspected about the character of the son of the informant who

       was studying in the same school with daughter of accused

       Ramvilash Sah. It is further stated in fard-beyan that the son of the

       informant was having love affair with the daughter of accused

       Ramvilash Sah, he has been killed by accused Ramvilash Sah,

       Avadhesh Sah, Ravi Kumar Sah, Kunal Kumar Sah, Sheela Devi,

       Parsuram Sah and Upendra Sah by decapitating his head with

       sharp cutting weapon. The accused persons were taking the head

       of his son to conceal it, however, as the vehicle in which the head

       was being carried met with an accident, they all fled leaving the

       vehicle, the head of the son of the informant, mobile fitted with

       SIM, chappal, Clothes and the knife, which were recovered from

       the place of occurrence.

                    5. After investigation, the police submitted a charge-

       sheet bearing charge-sheet no. 43/17 dated 16.03.2017 for the

       offences under Section 302/201/34 IPC against respondents No. 2

       to 5. In the charge-sheet altogether eight witnesses have been

       named in support of the prosecution. On submission of the charge-
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       sheet, learned Magistrate took cognizance of the offences vide

       order dated 29.03.2017 and summoned the accused persons.

                    6. On finding that the charges against respondents No. 2

       to 5 are triable by the court of Sessions, the records were

       committed to the court of Sessions, where it was assigned to the

       court of learned Additional District and Sessions Judge-IV, Araria,

       and the same was registered as Sessions Trial No. 175 of 2017.

       Charges were framed against the respondents No. 2 to 5 for the

       offences punishable under Section 302/34 and 201/34 IPC. The

       charges were read over and explained to the accused persons in

       Hindi to which they pleaded not guilty and claimed to be tried.

                    7. It appears on perusal of the impugned judgment that

       in course of trial only two prosecution witnesses, namely, Amul

       Yadav (PW 1) and Ram Kumar Yadav (PW 2) appeared to support

       the prosecution case. Both of them are hearsay witnesses.

                    8. In its judgment, the learned trial court has recorded

       that in the present case after framing of the charges on 03.06.2017

       several opportunities were granted to the prosecution to produce

       the witnesses. In this regard, it is stated that the learned court has

       issued bailable warrants on 14.03.2019, non-bailable warrants on

       20.05.2019 and then issued dasti summons on 19.07.2019, but

       despite of the efforts taken by the learned court, the prosecution
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       did not produce any witness. So far as PW 1 and PW 2 are

       concerned, the learned trial court has found that they have not

       supported the prosecution case against the accused persons. They

       had not stated that who had killed Ajay Kumar Yadav and on

       whose information these witnesses came to know about this

       murder. In absence of sufficient evidence on the record against the

       accusation of the respondents No. 2 to 5, the learned trial court

       acquitted them of the charges.

                    9. It appears that the informant of this case did not

       appear to support the prosecution case in the learned trial court. In

       the memorandum of appeal presented before this Court, the

       informant-appellant has not made any statement that he was not

       served with the summons/bailable warrants/non-bailable warrants.

       There is no averment that he was not aware of the ongoing trial. In

       the grounds raised before this Court, again there is no ground

       taken that the learned trial court had not taken steps to serve the

       informant and other prosecution witnesses. Only a vague ground

       has been taken that non-examination of the informant, Doctor and

       the IO of the case by the prosecution itself indicates that the fact

       that the impugned judgment was passed without application of

       judicial mind.
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                    10. Learned counsel for the appellant has only reiterated

       the grounds taken in the appeal.

                    11. On the other hand learned Additional Public

       Prosecutor for the State has submitted that on bare perusal of the

       trial court records it would appear that the learned trial court had

       taken all possible steps in accordance with law to procure the

       presence of the witnesses. The orders passed by the learned trial

       court on various dates stated hereinabove would show that the

       court had issued bailable warrants, non-bailable warrants and then

       it also gave dasti summon to the witnesses. Learned APP has

       submitted that it is a case of no evidence, hence, no illegality or

       infirmity may be found in the impugned judgment.

                    12. We have heard learned counsel for the appellant and

       learned Additional Public Prosecutor for the State and carefully

       perused the trial court records. It is evident that in this case, the

       learned trial court framed the charges on 03.06.2017. Thereafter,

       when the prosecution witnesses were not turning up on the

       summons issued by the court, the learned court issued bailable

       warrants vide order dated 14.03.2019. Even on the bailable

       warrants when the witnesses did not turn up then learned trial

       court issued non-bailable warrants vide order dated 20.05.2019. In

       the margin portion of the order-sheet of the trial court, the date on
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       which the NBWs were issued to the witnesses and the dasti

       summons were issued have been duly recorded. The appellant has

       not challenged the endorsements made in the order-sheets showing

       the issuance of summons, bailable warrants and non-bailable

       warrants. The appellant has not pleaded before this Court that there

       was no service of summons, bailable warrants and non-bailable

       warrants. What is disturbing is that before this Court, the

       informant-appellant has suppressed the fact that in the trial court

       the informant had sworn an affidavit to support the defence. The

       affidavit of the informant is available in the trial court records.

       Perusal of the affidavit shows that he had gone in collusion with

       the defence and made a statement that he had lodged the case

       against the accused persons under some misconception. He

       declared his intention not to proceed with the case. Having filed

       this affidavit on the record, the informant, as it appears, did not

       participate in the trial.

                    13. Be that as it may, we are satisfied on perusal of the

       record that the learned trial court closed the prosecution evidence

       only after exhausting all possible steps in accordance with law.

                    14. There being no ground in the memorandum of

       appeal that the summons were not served upon the appellant and

       that the trial proceeded without service of summons, we are of the
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                    considered opinion that the learned trial court has not committed

                    any error in taking a view that the prosecution has failed to prove

                    the charges against the accused persons-respondents No. 2 to 5.

                    We find no illegality or infirmity in the impugned judgment of the

                    trial court.

                                 15. This appeal has no merit. It is dismissed accordingly.

                                 16. As we have found that the appellant himself went on

                    record by filing an affidavit to support the defence and then did not

                    appear in the case in course of trial and even before this Court he

                    did not take any ground that he was not duly served, to this Court

                    it appears that it is a completely frivolous kind of appeal which has

                    only wasted the time of the Court. We, therefore, impose a cost of

                    Rs.10,000.00 (Ten Thousand) upon the appellant which he would

                    deposit with the Patna High Court Legal Services Committee

                    within a period of one month from today.



                                             (Rajeev Ranjan Prasad, J)


                                                  (Praveen Kumar, J)
Pawan/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          27.01.2026.
Transmission Date       27.01.2026.


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