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Patna High Court

BHAGAWAN GHI JHA @ BHAGAWAN JI JHAversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appellate court affirmed the trial court's acquittal, finding no basis to overturn it.

Summary

The appellant challenged the acquittal of respondent No.2 (Jagdish Yadav) in a murder case involving the death of Jitendra Jha, alleging that the trial court erred in finding the prosecution evidence insufficient. The prosecution case was based on a private complaint and the testimony of family members, alleging an illicit relationship between the accused and the victim's wife, but no independent witnesses were produced. The trial court held that the prosecution failed to prove the charges under Sections 302, 120B and 201/34 IPC beyond reasonable doubt, particularly disbelieving the child witness and noting procedural lapses in the complaint. On appeal, the High Court re‑appreciated the evidence, applied the principles governing appeals against acquittal under Section 378 CrPC, and concluded that the trial court's view was a permissible one on the record. Consequently, the Court dismissed the appeal, upholding the acquittal.

Issues considered

  • The prosecution failed to establish guilt beyond reasonable doubt under Sections 302, 120B and 201/34 IPC.
  • Whether the private complaint complied with the Supreme Court's directions in Priyanka Srivastava.
  • Whether the circumstantial evidence and witness testimonies were sufficient to sustain a conviction.
  • Applicability of the standards for appeal against acquittal under Section 378 of the CrPC.

Legislation cited

Subjects

  • acquittal
  • appeal against acquittal
  • circumstantial evidence
  • burden of proof
  • witness credibility
  • private complaint
  • Section 378 CrPC
  • Indian Penal Code

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (DB) No.477 of 2023
          Arising Out of PS. Case No.-128 Year-2010 Thana- RAMGARHWA District- East
                                           Champaran
     ======================================================
     Bhagawan Ghi Jha @ Bhagawan Ji Jha, son of Late Rup Narayan Jha,
     Resident of Village- Bhaishra, P.S. Ramgarhawa District- East Champaran
                                                                ... ... Appellant/s
                                         Versus
1.    The State of Bihar
2.    Jagdish Yadav, s/o Late Sajawal Rai, Resident of Village- Panchvidiya, P.S.
      Ramgarhawa, Dist.- E. Champaran
                                                              ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s     :       Mr.Dhannjay Kumar No 2, Advocate
     For the State           :       Mr.Sujit Kumar Singh, Addl.P.P.
     For the R-2             :       Mr. Kamal Kant Tiwary, Advocate
                                     Mr. Kundan Rathore, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
             and
             HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
     ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

      Date : 19-03-2026


               Heard learned counsel for the appellant, the respondent

     no.2 and learned Additional Public Prosecutor for the State.

               2. The appellant in this case is seeking setting aside of the

     judgment of acquittal dated 15.02.2023 passed by learned

     Additional District and Sessions Judge-XXII Court, Motihari in

     the District of East Champaran in Sessions Trial No.343 of 2012,

     G.R. No.568 of 2010 arising out of Ramgarhwa P.S. Case No.122

     of 2010 dated 28.08.2010 registered under Sections 364, 302,

     120B and 201/34 of the Indian Penal Code (in short ‘IPC’).
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                  3. By the impugned judgment, the learned trial court has

       been pleased to hold and declare that the prosecution has failed to

       establish the charges under Sections 302, 120B and 201/34 IPC

       beyond all reasonable doubts against the accused. The learned trial

       court has acquitted the accused-respondent no.2 of all the charges

       giving him benefit of doubt.

                  4. The prosecution case is based on a written complaint

       petition giving rise to Complaint Case No.C336 of 2010 filed in

       the court of learned Sub-Divisional Judicial Magistrate, Raxaul

       which was later on referred to Ramgarhwa police station for

       lodging of a First Information Report and to file a police report

       after completion of investigation.

                  5. In the complaint petition, the complainant/informant

       alleged that the accused Soni Jha is the wife of the younger brother

       of the informant, namely, Jitendra Jha who was mentally retarded.

       The brother of the informant had been living separately from his

       wife Soni Jha since last five years. Soni Jha had developed illicit

       relationship with Jagdish Yadav (respondent no. 2). It is further

       stated that his brother came to know about this relationship and

       made protest and lived in fear because Jagdish Yadav is a man of

       criminal mentality. On 08.03.2010 in the morning, when Soni Jha

       with her children and husband (Jitendra Jha) were leaving the
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       house then the informant asked her where were you going then

       Soni Jha replied that she was going to her Naihar with her husband

       and from there Jitendra Jha (brother of the informant) will go with

       her brother and brother-in-law (jija) for work at Delhi. Thereafter,

       they went away. On 09.03.2010, she came to her village and

       started living there. On 29.06.2010 Soni Jha took all her

       belongings and left the house with children. On 08.07.2010, there

       was a marriage ceremony of younger brother of Soni Jha. It is

       alleged that in the said marriage ceremony all brothers and sisters

       were present but brother of the informant was not present there

       then the informant made inquiry to brother of Soni Jha and

       brother-in-law of Soni Jha to which they have not given any

       satisfactory reply. On 12.07.2010 when the sister of the informant,

       namely, Anita (PW-8) talked to Soni Jha over mobile phone, she

       came to know that his brother Jitendra Jha is no more. Soni Jha

       was missing from her Naihar since the evening of 12.07.2010 and

       her mobile phone was also coming switched off. The informant

       alleged that he had full confidence that Soni Jha and Jagdish Yadav

       along with other associates killed his brother under a conspiracy.

                  6. After investigation of the case, police submitted a

       charge-sheet against the respondent no.2 only, the investigation

       against the co-accused Soni Jha was kept pending further
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       investigation. Vide order dated 15.02.2012, the learned Chief

       Judicial Magistrate, Motihari, East Champaran took cognizance of

       the offence under Sections 366, 302, 120B and 201/34 IPC.

       Finding that Section 302 IPC is triable by the court of Sessions, the

       records were committed to the court of Sessions on 14.05.2012.

                  7. In the court of Sessions, the charges were read over and

       explained to the accused-respondent no.2 who denied the charges

       and claimed to be tried. The learned trial court framed the charges

       under Sections 364/34, 302, 120B and 201 IPC vide order dated

       28.05.2012.

                  8. The statement of the accused was recorded under

       Section 313 Cr.P.C. The accused, however, did not adduce any

       evidence in his defence.

                  9. The prosecution examined as many as eight witnesses

       and got exhibited three documents. The defence got exhibited one

       document which has been marked Exhibit-A. The description of

       the prosecution witnesses, the documentary evidences adduced on

       behalf of the prosecution as well as documentary evidences

       adduced on behalf of the defence are provided hereunder in tabular

       form:-

          PW-1                        Tripurari Jha
          PW-2                        Harish Chandra Jha
          PW-3                        Krishna Ji Jha
          PW-4                        Sunil Kumar Jha
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          PW-5                        Gudiya Kumari
          PW-6                        Bibhakar Mishra
          PW-7                        Bhagwan Ji Jha (informant)
          PW-8                        Shakeel Ahmad


                  List of documents on behalf of prosecution

           Exhibit-1                  Signature of complainant/informant on
                                      the complaint petition
           Exhibit-2                  Signature of in-charge police station on
                                      formal FIR
           Exhibit-3                  Signature of in-charge police station on
                                      complaint petition



                  List of documents on behalf of the defence

           Exhibit-A                  Record of complaint Petition No.333 of
                                      2010



                  10. The learned trial court having examined the entire

       prosecution evidences recorded a finding in paragraph ‘19’ of the

       impugned judgment as under:-

                  (i) There is no independent witness in this case who has

       wholly supported the prosecution case of murder/death of Jitendra

       Jha, they have only expressed suspicion.

                  (ii) The prosecution had completely failed to establish the

       illicit relationship between the accused-respondent no.2 with the

       co-accused Soni Jha, the prosecution could not establish that the

       illicit relationship is the reason behind the killing of the husband of

       Soni Jha.
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                  (iii) The prosecution had also failed to establish that there

       were telephonic talks between the accused and the co-accused. The

       I.O. had not taken out the print of the CDR.

                  (iv) The I.O. had not conducted any investigation on the

       complaint petition filed by Soni Jha in past against her sasural

       people.

                  (v) The learned trial court has not believed the evidence

       adduced by Gudiya Kumari (PW-5) who is a child witness being

       daughter of the deceased and the co-accused Soni Jha.

                  (vi) The learned trial court further found that the I.O. had

       not recorded the statement of the co-accused Soni Jha even as she

       had already been found when the investigation was going on. In

       such circumstance, the learned trial court returned the findings as

       recorded by this Court hereinabove.

                  11. The findings of the learned trial court has been

       assailed by learned counsel for the appellant. It is submitted that

       so far as the first finding of the learned trial court with regard to

       the non-availability of the independent witnesses is concerned, the

       same is correct. It is admitted that all the prosecution witnesses are

       related to each other and family members of the deceased. Learned

       counsel, however, submits that the witnesses have stated about the

       close/intimate relationship between the accused-respondent no.2
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       and the wife of the deceased. Heavy reliance has been placed on

       the deposition of the daughter of the victim Gudiya Kumari (PW-

       5) and it has been submitted that the evidence of PW-5 is required

       to be given due credence.

                  12. The appeal has been opposed by learned counsel for

       the accused-respondent no.2. It is submitted that on bare perusal of

       the complaint petition giving rise to present FIR, it would appear

       that the complaint case was filed on or about 19.07.2010. The

       complainant/informant claimed that the accused no.1 was having

       illicit relationship with accused no.2 who happened to be a man of

       criminal      nature.     It   is   submitted         that   according   to   the

       complainant/informant, the co-accused Soni Jha had left her house

       with her husband Jitendra Jha and the children on 08.03.2010. She

       told the complainant/informant that she was going to her Maike

       from where they would go to Delhi with her brother and brother-

       in-law. It is stated that there was a marriage ceremony in the house

       of the accused no.1 on 08.07.2010 in which her all brothers and

       sisters had assembled but Jitendra Jha was not seen on the said

       occasion.

                  13. Learned counsel submits that it is evident from the

       statements made in the complaint petition and the deposition of the

       complainant/informant (PW-7) that he had no connection with his
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       brother Jitendra and after his brother left the house, the informant

       was not keeping in touch with him but it is an admitted position

       that the deceased brother of the informant was having some

       medical complications as he was suffering from mental

       retardation. The prosecution witnesses have stated that Soni Jha

       was taking her husband for treatment with the help of accused

       no.2. She being a lady having no other help from her house, it

       appears that she was taking help from accused no.2 in taking her

       husband to the doctor. Reference in this regard has been made to

       the deposition of Tripurari Jha (PW-1).

                  14. Learned counsel submits that there is no independent

       witness of the village who has come to depose as to the

       relationship between the accused no.1 and accused no.2. Even PW-

       1 has admitted that he had not seen them in any illicit relationship.

                  15. Be that as it may, it is submitted that the complaint

       petition was filed directly in the court and in this regard the

       compliances required to be made in terms of the judgment of the

       Hon’ble Supreme Court in the case of Priyanka Srivastava &

       Another Vs. State of Uttar Pradesh & Others (2015) 6 SCC 287

       has not been done. No affidavit was enclosed and no compliance

       with Section 154(3) Cr.P.C. has been done.
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                  16. Learned counsel submits that the evidence of the

       informant (PW-7) would only show that Soni Jha was on talking

       terms with Jagdish Yadav (R-2) but save and except that there is

       nothing on the record to show that they were in any illicit

       relationship. He has deposed that he got information regarding the

       marriage ceremony in the house of Soni Jha from some people but

       he has not disclosed the name of that person who had informed

       him about the said marriage ceremony. Soni Jha has not been

       interrogated by the I.O., therefore, even this aspect of the matter

       remained without investigation. It is further submitted that in

       course of his cross-examination, the defence suggested that Soni

       Jha had lodged a case against the informant, his wife, his brother-

       in-law and others and she had alleged that her husband had been

       made to disappear and then there was an attempt to rape, the

       informant (PW-7) denied to have any information regarding this

       but the defence has brought on record a certified copy of the

       complaint petition filed by Soni Jha which has been marked

       Exhibit-A.

                  17. In paragraph ‘16’ of his deposition, PW-7 has stated

       that after six months of the lodging of this case Soni Jha met him,

       he took her to his house where she stayed for about 3-4 months but

       thereafter she fled away with Jagdish Yadav. He has stated that
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       both the children of Soni Jha were living with him as he had not

       sent the children to their maternal grand-parents. This witness has

       accepted that there was partition in the year 2005 and Soni Jha was

       satisfied with the said partition. Learned counsel submits that on a

       complete reading of the evidence of the informant (PW-7), it

       would appear that he has not given any reason as to why Soni Jha

       would indulge in killing of her husband and if it was so then how

       the informant took her to his house to stay there with her children.

                  18. Learned counsel further submits that so far as the

       evidence of child witness Gudiya Kumari (PW-5) is concerned, the

       learned trial court has rightly held that her deposition is not

       reliable. She is a child witness and she was in the custody of the

       informant for about three years prior to her deposition. Her

       statement under Section 164 Cr.P.C. was not recorded and she has

       stated what she was being told by her Bare Papa (the informant).

       The competence of the child witness (PW-5) to depose has not

       been fully established and for these reasons no error has been

       committed by the learned trial court in not relying upon the

       evidence of the child witness Gudiya Kumari (PW-5).

                  19. It is lastly submitted that this being an appeal against

       acquittal, unless this Court comes to an irresistible conclusion that

       the accused no.2-respondent no.2 is guilty of commission of the
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       offence alleged, the finding of the learned trial court need not be

       disturbed.

                  20. We have heard the rival contentions and perused the

       trial court records. In the present case, it is an admitted position

       that there is no independent witness to prove the murder/death of

       Jitendra Jha. The whole prosecution case clusters around the

       suspicion that Soni Jha, the wife of the deceased, had illicit

       relationship with Jagdish Yadav (R-2) but save and except the

       statement that she was on talking term with Jagdish Yadav (R-2)

       and sometimes she was taking her husband for treatment to a

       doctor with the help of Jagdish Yadav on his motorcycle and in

       course of that she was sitting closely to Jagdish Yadav, no other

       and further facts have been proved. The materials available on the

       record, in our considered opinion, no way proves the prosecution

       case that the wife of the deceased was having illicit relationship

       with Jagdish Yadav (R-2). We find no error in appreciation of the

       evidence in this regard on the part of the learned trial court.

                  21. This Court has further found that the private complaint

       case was filed by PW-7 but without complying with the directions

       of the Hon’ble Supreme Court in the case Priyanka Srivastava

       (supra). The informant (PW-7) admits in his deposition that six

       months after filing of the complaint, Soni Jha met him and he had
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       brought her with the children in the home where she stayed for 3-4

       months. PW-7 has admitted partition in the year 2005 and that

       Soni Jha was satisfied with the partition but PW-7 has not

       whispered anything as to why Soni Jha would indulge in killing of

       her husband or to make him to disappear. If it could have been

       shown then there was no reason for her to take her husband for his

       treatment with the help of Jagdish Yadav (R-2) as has been stated

       by PW-1.

                  22. We further find that the learned trial court has rightly

       discussed the deposition of Gudiya Kumari (PW-5) who was ten

       years old at the time of her deposition in the year 2013. At the time

       of occurrence, she was about 7 years old, her statement was not

       recorded under Section 164 Cr.P.C. and this witness remained in

       the custody of the informant for about three years before she

       deposed in the court room. Her deposition would go a long way to

       suggest that she was tutored by the informant and in our

       considered opinion, it would not be safe to rely upon the testimony

       of the child witness to record an order of conviction against the

       accused.

                  23. The case is based on the circumstantial evidence. We

       are reminded of the judgments of the Hon’ble Supreme Court in

       the case of Sharad Birdhichand Sarda vs. State of Maharashtra
Patna High Court CR. APP (DB) No.477 of 2023 dt.19-03-2026
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       reported in (1984) 4 SCC 116 and Dilavar Hussain and Others

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

       SCC 253.

                  24. The relevant Paragraph ‘152’ of the judgment in the

       case of Sharad Birdhichand Sarda (supra) is being reproduced

       hereunder for a ready reference:-

                          “152. Before discussing the cases relied upon by the High
                          Court we would like to cite a few decisions on the nature,
                          character and essential proof required in a criminal case
                          which rests on circumstantial evidence alone. The most
                          fundamental and basic decision of this Court is Hanumant
                          v. State of Madhya Pradesh1. “This case has been
                          uniformly followed and applied by this Court in a large
                          number of later decisions up-to- date, for instance, the
                          cases of Tufail (Alias) Simmi v. State of Uttar Pradesh 17
                          and Ramgopal v. State of Maharashtra18 . It may be useful
                          to extract what Mahajan,J. has laid down in Hanumant
                          case1 :
                                    “It is well to remember that in cases where the
                                    evidence is of a circumstantial nature, the
                                    circumstances from which the conclusion of
                                    guilt is to be drawn should in the first instance
                                    be fully established, and all the facts so
                                    established should be consistent only with the
                                    hypothesis of the guilt of the accused. Again,
                                    the circumstances should be of a conclusive
                                    nature and tendency and they should be such as


 1. 1952 SCR 1091 : AIR 1952 SC 343 : 1953 Cri LJ 129
 17. (1969) 3 SCC 198 : 1970 SCC (Cri) 55
 18. AIR 1972 SC 656 : (1972) 4 SCC 625
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                                 to exclude every hypothesis but the one
                                 proposed to be proved. In other words, there
                                 must be a chain of evidence so far complete as
                                 not to leave any reasonable ground for a
                                 conclusion consistent with the innocence of the
                                 accused and it must be such as to show that
                                 within all human probability the act must have
                                 been done by the accused.”
                  25. The relevant Paragraphs ‘3’ and ‘4’ of the judgment in

       the case of Dilavar Hussain (supra) are quoted hereunder for a

       ready reference:-

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



                  26. On re-appreciation of the entire evidences available on

       the record, we find no reason to take a different view from that of

       the learned trial court. By no stretch of imagination the findings of

       the learned trial court may be said to be perversed. The principles

       governing an appeal against the acquittal are well settled. We place

       our reliance on the judgment of the Hon’ble Supreme Court in the

       case of H.D. Sundara and Ors. vs. State of Karnataka, reported

       in (2023) 9 SCC 581. Paragarph ‘8’ of the said judgment is being

       reproduced hereunder for a ready reference:-

                            “8. In this appeal, we are called upon to consider the
                            legality and validity of the impugned judgment 1
                            rendered by the High Court while deciding an appeal
                            against acquittal under Section 378 of the Code of
                            Criminal Procedure, 1973 (for short “CrPC”). The
                            principles which govern the exercise of appellate
                            jurisdiction while dealing with an appeal against
                            acquittal under Section 378 CrPC can be summarized
                            as follows:
                            8.1. The acquittal of the accused further strengthens
                            the presumption of innocence;

       1. Karnataka v.H.K. Mariyappa, 2010 SCC OnLine Kar 5591
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                                         8.2. The appellate court, while hearing an appeal
                                         against acquittal, is entitled to re-appreciate the oral
                                         and documentary evidence;
                                         8.3. The appellate court, while deciding an appeal
                                         against acquittal, after re-appreciating the evidence,
                                         is required to consider whether the view taken by the
                                         trial court is a possible view which could have been
                                         taken on the basis of the evidence on record;
                                         8.4. If the view taken is a possible view, the appellate
                                         court cannot overturn the order of acquittal on the
                                         ground that another view was also possible; and
                                         8.5. The appellate court can interfere with the order
                                         of acquittal only if it comes to a finding that the only
                                         conclusion which can be recorded on the basis of the
                                         evidence on record was that the guilt of the accused
                                         was proved beyond a reasonable doubt and no other
                                         conclusion was possible.”
                               27. In ultimate analysis, we find no reason to interfere

                    with the impugned judgment.

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



                                                     (Rajeev Ranjan Prasad, J)


                                                     (Soni Shrivastava, J)
arvind/-
AFR/NAFR
CAV DATE
Uploading Date        25.03.2026
Transmission Date     25.03.2026


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