Created by Fuzzy Cloud

Patna High Court

CHINTAMAN PRASAD YADAVversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed; the acquittals of Chhotu, Rajesh and Vijay Yadav are upheld and Lalu Yadav's conviction under Sections 324 and 341 IPC stands.

Summary

The appeal challenges the acquittal of three accused (Chhotu, Rajesh and Vijay Yadav) in a land‑dispute case where the informant, Chintaman Yadav, was assaulted and injured. The trial court had convicted Lalu Yadav under Sections 324 and 341 IPC for assault with a khanti, but acquitted the other three accused, holding that no common intention (Sec. 34 IPC) or participation could be proved. The appellant argued that the evidence was mis‑appreciated and that Lalu Yadav should have been convicted under Section 307 IPC (attempt to murder). The High Court examined the witness testimony, injury report and found that only Lalu Yadav’s act was established and there was no evidence of a pre‑concerted plan among the other accused. Consequently, the Court dismissed the appeal, upholding the acquittals and leaving Lalu Yadav’s conviction untouched.

Issues considered

  • Whether the prosecution proved the participation of Chhotu, Rajesh and Vijay Yadav in the assault under Section 34 IPC (common intention).
  • Whether Lalu Yadav should be convicted under Section 307 IPC (attempt to murder) instead of Section 324 IPC (voluntarily causing grievous hurt).
  • Whether the trial court erred in acquitting the three accused.

Legislation cited

Subjects

  • land dispute
  • assault
  • common intention
  • Section 34 IPC
  • attempt to murder
  • Section 307 IPC
  • voluntarily causing grievous hurt
  • Section 324 IPC
  • acquittal
  • conviction

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (DB) No.363 of 2024
                                    In
                      CRIMINAL APPEAL (SJ) No.5312 of 2023
           Arising Out of PS. Case No.-303 Year-2014 Thana- FATEHPUR District- Gaya
     ======================================================
     CHINTAMAN PRASAD YADAV S/o Late Mahabir Yadav R/o vill- Dhanita,
     P.s. - Fatehpur, Distt. - Gaya          ... ... Appellant
                                    Versus
1.    The State of Bihar
2.   Chhotu Yadav S/o Rameshwar Yadav R/o Mauza- Dhaneta, P.S.- Fatehpur,
     Gaya
3.   Rajesh Yadav S/o Rameshwar Yadav R/o Mauza- Dhaneta, P.S.- Fatehpur,
     Gaya
4.   Vijay Yadav S/o Rameshwar Yadav R/o Mauza- Dhaneta, P.S.- Fatehpur,
     Gaya
5.    Lalu Yadav S/o Rameshwar Yadav R/o vill - Dhanita, P.S. - Fatehpur, Distt. -
      Gaya
                                                              ... ... Respondents
     ======================================================
     Appearance :
     For the Appellant/s     :        Mr. Rajendra Narayan, Sr. Advocate
                                      Mr. Sunil Kumar Yadav, Advocate
     For the State           :        Mr. Bipin Kumar, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                and
             HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                           ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

      Date : 24-03-2026
                  Heard Mr. Rajendra Narayan, learned Senior

      counsel for the appellant and Mr. Bipin Kumar, learned

      Additional Public Prosecutor for the State.

                      2. The present appeal arises out of the judgment of

      acquittal dated 31.08.2023, passed by the learned Additional

      Sessions Judge-IInd, Gaya (hereinafter referred to as ‘the learned

      trial Court’) in S.Tr. No. 469 of 2016 (S.J.), arising out of

      Fatehpur P.S. Case No. 303 of 2014, dated 03.09.2014 registered

      under Sections 341, 323, 307, 379, 504/34 of Indian Penal Code

      (in short ‘IPC’).
Patna High Court CR. APP (DB) No.363 of 2024 dt.24-03-2026
                                            2/9




                         3. By the impugned judgment, the learned trial

         Court has convicted Lalu Yadav (A-2) for the offences under

         Sections 324 and 341 of IPC, he has been ordered to undergo a

         sentence of 2 years and one month respectively. So far as the

         other accused, namely, Chhotu Yadav (A-1), Rajesh Yadav (A-3)

         and Vijay Yadav (A-4) are concerned, all of them have been

         acquitted of the charges under Sections 307, 323, 341, 504/34 of

         IPC.

                         Prosecution Case

                         4. The prosecution case is based on written

         application of the informant, namely Chinataman Yadav (PW-3)

         that on 03.09.2014 at about 4:30 p.m., the informant after

         alighting from the train at Banshi Nala Railway Station

         proceeded towards his house. As he reached near his house, he

         saw that Lalu Yadav, Rajesh Yadav, Chhotu Yadav and Vijay

         Yadav arrived at his disputed land, which he has acquired

         through parwana. They indulged in the skirmish with the

         informant and used abusive language and assaulted the

         informant with lathi and khanti with intention to kill him. Due to

         which, the informant sustained injury on his head. After hearing

         his alarm, co-villagers assembled at the spot and the informant

         was rescued. The informant said that the reason for this incident

         is the intention of the accused persons to take possession of the
Patna High Court CR. APP (DB) No.363 of 2024 dt.24-03-2026
                                            3/9




         land, which he has acquired through parwana. It is also alleged

         by the informant that in between the assault accused, Lalu Yadav

         took Rs.2,220/- from the pocket of the informant.

                          5. It appears that after investigation of the case

         lodged by Chintaman Yadav, the police submitted charge-sheet

         against all four accused persons, namely, Lalu Yadav, Rajesh

         Yadav, Chhotu Yadav and Vijay Yadav. The learned Magistrate

         took cognizance of the offence of Charge-sheet No. 86 of 2015,

         dated 21.05.2015 for the offences under Sections 341, 323, 307,

         504/34 of IPC. After completion of the formalities, finding that

         one of the offences alleged is triable by a Court of Sessions, the

         learned Magistrate committed the records to the Court of

         Sessions where the present trial was registered.

                         6. It further appears that in the trial Court, the

         charges were explained to the accused persons, who denied the

         charges and claimed to be tried. Accordingly, charges under

         Sections 341, 323, 307 and 504/34 of IPC.

                         7. In course of trial, the prosecution examined as

         many as five witnesses and got exhibited various documentary

         evidence such as the formal F.I.R, injury reports and the charge-

         sheet etc. The description of the prosecution witnesses and the

         list of documents exhibited on behalf of prosecution are

         provided hereunder for ready reference in a tabular form.
Patna High Court CR. APP (DB) No.363 of 2024 dt.24-03-2026
                                            4/9




                                 List of Prosecution Witnesses

                                  PW-1      Baiju Yadav
                                  PW-2      Kuldeep Yadav
                                  PW-3      Chintaman Yadav (Informant)
                                  PW-4      Dr. Uma Shankar Lal
                                  PW-5      Radhey Shyam Jha



                         List of Exhibits on behalf of Prosecution

                         Exhibit ‘1’                 Signature of informant on
                                                     written application proved
                                                     as PW-3
                         Exhibit ‘1/1’               Endorsement by then
                                                     S.H.O. on the written
                                                     application proved by PW-
                                                     5, the I.O of this case
                         Exhibit ‘2’                 Injury report of informant
                                                     proved by PW-4
                         Exhibit ‘2/1’               Injury report of informant
                                                     proved by PW-4
                         Exhibit ‘3’                 Requisition for medical
                                                     examination of informant
                                                     proved by PW-5
                         Exhibit ‘4’                 Formal charge-sheet
                                                     proved by PW-5
                         Exhibit ‘5’                 Formal FIR proved by PW-
                                                     5
                         Exhibit ‘6’                 Order dated 23.05.2021 of
                                                     A.D.M., Gaya wherein
                                                     status-quo of person of
                                                     Chintaman Yadav was
                                                     upheld.



                         8. The statement of the accused persons was

         recorded under Section 313 Cr.P.C. (now Section 351 of BNSS),

         they claimed innocence.

                         9. On behalf of defence, one defence witness Siya

         Saran Prasad was examined. The defence exhibited a certified

         copy of counter F.I.R of Fatehpur P.S. Case No. 304/2014 dated
Patna High Court CR. APP (DB) No.363 of 2024 dt.24-03-2026
                                            5/9




         03.09.2014 (Exhibit-A), certified copy of charge-sheet no. 332

         of 2014 dated 31.12.2014, FIR of Fatephur P.S. Case

         No.304/2014 (Exhibit-B) and certified copy of Parwana from

         office of Circle Officer, Tankuppa Gaya (Exhibit-C).

                         Findings of the Learned Trial Court

                         10. Learned trial court having examined and

         analyzed the entire evidences available on the record, came to a

         conclusion that in this case the prosecution has not established

         its case against A-1, A-3 and A-4. It has been held that the

         charges framed with the aid of Section 34 of IPC could not be

         substantiated and proved by the producing and convincing

         evidences on the record. The active participation of the accused

         persons (A-1, A-3 and A-4) have not been shown and in absence

         of their being a prior meeting of mind to the commit offence of

         attempt of murder, of the informant, they cannot be held guilty.

                         11. The Court further found that the occurrence has

         taken place because of the land dispute, therefore, there may be

         an attempt on the part of the informant to implicate other

         supporters members of the accused persons. In these

         circumstances, the charges levelled against Rajesh Yadav,

         Chhotu Yadav and Vijay Yadav, held and they have been given

         benefit of doubt.

                         12. The learned trial Court has, however, convicted
Patna High Court CR. APP (DB) No.363 of 2024 dt.24-03-2026
                                            6/9




         Lalu Yadav (A-2) for the offence punishable under Sections 324

         instead of Section 307/34 of IPC. The learned trial Court has

         held that in this case the place of occurrence and the scuffle

         between the informant and the accused Lalu Yadav is proved

         beyond all reasonable doubt. The allegation of assault, brought

         on record, is only against Lalu Yadav. The previous land dispute

         is an admitted fact but the prior meeting of minds of the accused

         persons could not be proved. It has been held that act of the

         assailant Lalu Yadav is qualified for allegation of charge under

         Section 324 IPC. In these circumstances, the said accused Lalu

         Yadav (A-2) has been convicted and sentenced as stated at top

         of this judgment hereinabove.

                         Submission on behalf of appellant

                         13. While assailing the impugned judgment, the

         learned Senior Counsel for the appellant submits that the learned

         trial Court would not properly appreciated the evidences

         available on the record and has committed gross error in

         acquitting all other accused persons of the charges levelled

         against them. It is also contended that the learned trial Court has

         instead of convicting Lalu Yadav (A-2) under Section 307 of

         IPC, convicted him only under Section 324 of IPC, which is not

         justified.
Patna High Court CR. APP (DB) No.363 of 2024 dt.24-03-2026
                                            7/9




                         Submission on behalf of State
                         14. On the other hand, learned Additional Public

         Prosecutor for the State submits that in this case, the learned

         trial Court has properly appreciated the entire evidences

         available on the record and has rightly concluded the findings.

                         Analysis and Consideration

                         15. Having heard learned Senior counsel for the

         appellant and learned Additional Public Prosecutor for the State.

         We have also gone through the evidences available on the

         record. In this case, the star witness is the informant himself

         who has been examined as P.W.3 and whose testimony has been

         discussed by the learned trial Court in detail. The testimony of

         the injured witness (P.W.3) and that of the doctor (P.W.4) are to

         be analyzed together.

                         16. We have noticed on going through the

         evidences on the record that the injured Chintaman Yadav

         (P.W.3) has himself stated that it was Lalu Yadav (A-2), who had

         assaulted him by a khanti on his head. So far as the involvement

         of other accused persons are concerned, this witness has

         specifically stated that nobody had assaulted him by lathi. We

         have also noticed that the injury on the thumb of the informant

         has not been brought on the record in course of trial. We have

         also noticed from the deposition of the doctor (P.W.4) that he

         has found one lacerated wound 5 cm x 1½ cm into scalp deep
Patna High Court CR. APP (DB) No.363 of 2024 dt.24-03-2026
                                            8/9




         over interior part of head. This injury is called hard and

         blunt substance within six hours. The injury has been found

         dangerous to life and grievous in nature.

                         17. P.W.4 has proved the hand written injury

         report as Exhibits ‘2’ and ‘2/1’ respectively. We, therefore,

         find that in this case only one injury was found on the head

         of    the informant (P.W.3). The                    learned trial Court has

         though recorded in the impugned                       judgment    that two

         injuries were found on the body of                       Chintaman Yadav

         (P.W.3), but from the injury report, which is available on

         the record and the deposition of the witness (P.W.4), we do

         not find so. However, it is an admitted position that in the

         evidence of the informant and injured (P.W.3) that it was

         Lalu Yadav (A-2), who had assaulted him by khanti. The

         trial Court has not found any evidence of pre-consert of

         mind among the accused persons to commit an offence of

         attempt to murder.

                          18. In an appeal against acquittal, we are of the

         considered opinion that the finding of the learned trial Court

         cannot be interfered with unless the Appellate Court comes to

         an irresistible conclusion that the accused person are guilty of

         commission of the offence. We are unable to reach to such a
             Patna High Court CR. APP (DB) No.363 of 2024 dt.24-03-2026
                                                         9/9




                      conclusion. In these circumstances, this appeal having no

                      merit, is dismissed.

                                      19. This Court would make it clear that all

                      observations and findings of this Court are limited to the

                      acquittal of the accused. So far as conviction of Lalu Yadav (A-

                      2) under Sections 324 and 341 of I.P.C. is concerned, we have

                      not gone into any of the aspects of his conviction, therefore

                      appeal, if any, preferred by him against his conviction would be

                      considered without being influenced by the observations of this

                      Court in the present appeal.


                                                         (Rajeev Ranjan Prasad, J)


                                                               (Soni Shrivastava, J)
Anand/ Harsh/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          30.03.2026
Transmission Date       30.03.2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.