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Patna High Court

BABLOO KUMARversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appellate court set aside the conviction and acquitted the appellants, holding that the prosecution evidence did not satisfy the stringent requirements for establishing guilt and that the charge under Section 27 of the Arms Act read with Section 34 IPC was untenable.

Summary

The appellants were convicted for the murder of Karu Gope under Sections 302 and 34 of the IPC and for a violation of Section 27 of the Arms Act read with Section 34 of the IPC, and were sentenced to life imprisonment and a term of three years respectively. They appealed, contending that the prosecution evidence was contradictory, that key witnesses gave inconsistent statements, and that the investigating officer was never examined, rendering the theory of "last seen together" untenable. The High Court examined the testimonies of eight prosecution witnesses, noting material discrepancies, the absence of forensic corroboration of multiple gunshot injuries, and the failure to produce the seized weapon or the bullet. It also held that Section 27 of the Arms Act can punish only the person who actually used the firearm, making the charge read with Section 34 IPC improper. Applying the Supreme Court's principles for circumstantial evidence, the Court found that the prosecution had not established guilt beyond reasonable doubt and therefore set aside the conviction, acquitting all four appellants and ordering their release.

Issues considered

  • The prosecution failed to prove the guilt of the accused beyond reasonable doubt on the basis of circumstantial evidence.
  • Whether the theory of "last seen together" is applicable in the present facts.
  • Whether the charge under Section 27 of the Arms Act read with Section 34 of the IPC is legally tenable.
  • Whether the non‑examination of the investigating officer and the lack of forensic linkage defeat the prosecution case.

Legislation cited

Subjects

  • murder
  • circumstantial evidence
  • acquittal
  • Arms Act
  • Section 27
  • Section 302 IPC
  • theory of last seen together
  • evidentiary insufficiency

Judgment

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (DB) No.661 of 2019
       Arising Out of PS. Case No.-107 Year-2010 Thana- Bihar District-Nalanda
======================================================
Anjay Kumar, Son of Satyendra Singh, R/o Village-Khandakpar, P.S.-Bihar,
District-Nalanda (Bihar).

                                                                   ... ... Appellant/s
                                       Versus
The State of Bihar

                                            ... ... Respondent/s
======================================================
                          with
           CRIMINAL APPEAL (DB) No. 687 of 2019
       Arising Out of PS. Case No.-107 Year-2010 Thana- Bihar District-Nalanda
======================================================
Md. Gulab, Son of Md. Siraj, R/o Mohalla-Aziz Ghat, P.S.-Bihar, District-
Nalanda.

                                                                   ... ... Appellant/s
                                       Versus
The State of Bihar

                                            ... ... Respondent/s
======================================================
                          with
           CRIMINAL APPEAL (DB) No. 760 of 2019
       Arising Out of PS. Case No.-107 Year-2010 Thana- Bihar District-Nalanda
======================================================
Babloo Kumar, Son of Rajendra Rajak, R/o Village-Sakunat, P.S.-Bihar,
District-Nalanda.

                                                                   ... ... Appellant/s
                                       Versus
The State of Bihar

                                            ... ... Respondent/s
======================================================
                          with
           CRIMINAL APPEAL (DB) No. 817 of 2019
        Arising Out of PS. Case No.-107 Year-2010 Thana-Bihar District-Nalanda
======================================================
Alok Kumar @ Sandeep Kumar, Son of Banke Lal Gupta, R/o Mohalla-
Qamaruddin Ganj, P.S.- Laheri, District-Nalanda.
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                                                               ... ... Appellant/s
                                              Versus
       The State of Bihar

                                                 ... ... Respondent/s
       ======================================================
       Appearance :
       (In CRIMINAL APPEAL (DB) No. 661 of 2019 and 760 of 2019)
       For the Appellant/s :     Mr. Bijendra Kumar Singh, Adv.
                                 Mr. Rajeev Kumar, Adv.
       For the State       :     Mr. Abhimanyu Sharma, APP
       (In CRIMINAL APPEAL (DB) No. 687 of 2019)
       For the Appellant/s :     Mr. Ajay Kumar Thakur, Adv.
                                 Md. Imteyaz Ahmad, Adv.
                                 Mr. Purushottam Kumar, Adv.
                                 Ms. Prenshy, Adv.
                                 Mr. Mudit Meet, Adv.
                                 Mr. Shadab Akhter, Adv.
       For the State       :     Mr. Dilip Kumar Sinha, APP
       (In CRIMINAL APPEAL (DB) No. 817 of 2019)
       For the Appellant/s :     Mr. Rikesh Sinha, Adv.
                                 Mr. Rakesh Kumar, Adv.
       For the State       :     Mr. Abhimanyu Sharma, APP
       ======================================================
       CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
               and
               HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
       ORAL JUDGMENT
       (Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
       Date : 08-07-2026

                        All the afore-mentioned four appeals have been

         preferred by the four convicts/appellants for setting aside the

         judgment of conviction dated 15.05.2019 and the order of

         sentence dated 21.05.2019 passed by the learned 2nd Additional

         Sessions Judge, Nalanda at Bihar Sharif (hereinafter referred to

         as the ‘learned Trial Court’) in connection with Sessions Trial

         No. 310 of 2011, arising out of Bihar P.S. Case No. 107 of 2010.
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                        2. By the judgment of conviction dated 15.05.2019,

         the appellants, namely, Anjay Kumar [Cr. Appeal (DB) No. 661

         of 2019]; Md. Gulab [Cr. Appeal (DB) No. 687 of 2019];

         Babloo Kumar [Cr. Appeal (DB) No. 760 of 2019] and Alok

         Kumar @ Sandeep Kumar [Cr. Appeal (DB) No. 817 of 2019]

         have been convicted for the offences punishable under Sections

         302/34 of the Indian Penal Code (in short, the ‘IPC’) and

         Section 27 of the Arms Act read with Section 34 of the IPC. By

         the order of sentence, they have been sentenced to undergo

         rigorous imprisonment for life and to pay a fine of Rs. 7,000/-

         each for the offences under Sections 302/34 of the IPC and to

         undergo rigorous imprisonment for three years and to pay a fine

         of Rs. 3,000/- each for the offences under Section 27 of the

         Arms Act read with Section 34 of the IPC.                In default of

         payment of the amounts of fine, they shall be further directed to

         undergo simple imprisonment for six months and three months

         respectively.      Both the sentences have been directed to run

         concurrently.

                        3. It is not in dispute that on the night of 18 th/19th of

         May, 2010, one Karu Gope was murdered, for which, a case

         vide Bihar P.S. Case No. 107 of 2010 was registered for the

         offences punishable under Sections 302/34 of the IPC. On the
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         basis of the statement made by one Upendra Narayan Bharti (the

         informant), the Sub-Inspector of Police, Bihar Police Station,

         stating, inter alia, that on 19th of May, 2010, he along with other

         police personnel, namely, Om Prakash Chauhan, Mahendra

         Ram, Kailash Paswan, and the driver of the vehicle, namely,

         Uday Paswan, were on patrolling duty within the jurisdiction of

         the Police Station. While they were proceeding from Mohalla-

         Khandak Par towards the Station, in front of Sharda Gas

         Agency, they found an unknown person lying on the road. The

         informant, namely, Upendra Narayan Bharti, stopped the vehicle

         and examined the said person and noticed that he was lying

         dead by gunshot injury on the back of his head. He informed

         the incident telephonically to the Bihar Police Station and

         immediately started preliminary inquiry and also preparing the

         inquest report of the dead-body of the said unknown person. In

         the meantime, another police personnel came to the spot and the

         said Upendra Narayan Bharti (the informant) made a statement

         before him. The statement made by aforesaid Upendra Narayan

         Bharti was recorded an F.I.R., bearing Bihar P.S. Case No. 107

         of 2010, under Sections 302/34 of the IPC was registered

         against unknown persons.

                        4. The police took up the case for investigation and
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         finally submitted charge-sheet against all the appellants under

         Sections 302/34 of the IPC and Section 27 of the Arms Act read

         with Section 34 of the IPC.

                        5. Since the offence under Section 302 IPC is

         exclusively triable by the learned Court of Sessions, the case

         was committed from the Court of learned Magistrate to the

         Court of learned Principal Sessions Judge, Nalanda at Bihar

         Sharif. Subsequently, the case was transferred to the Court of

         learned 2nd Additional Sessions Judge, Nalanda at Bihar Sharif

         for trial and disposal, which was registered as Sessions Trial No.

         310 of 2011.

                        6. The learned Trial Court framed charge against the

         accused persons/appellants under Sections 302/34 of the IPC

         and Section 27 of the Arms Act read with Section 34 of the IPC

         as they pleaded not guilty. When the charge was read over and

         explained to the accused persons/appellants, the trial of the case

         commits.

                        7. In course of trial, the prosecution has examined

         altogether eight (8) witnesses. The accused persons/appellants

         were also examined under Section 313 of the Code of Criminal

         Procedure, 1973 (Cr.P.C.).

                        8. However, no witness on behalf of the defence
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         was examined, whereafter, the learned Trial Judge proceeded to

         pass the impugned judgment of conviction and order of

         sentence,       referred       to      above,       against   the   accused

         persons/appellants.

                        9. The same is challenged by the appellants

         separately vide aforementioned four appeals.

                        10. Since all the aforesaid four appeals arise out

         from a common judgment and order, we proposed to dispose of

         the same by passing a composite judgment, taking all the

         appeals together for hearing.

                        List of the Prosecution Witnesses:

                           P.W. 1            Kailash Paswan;
                           P.W. 2            Adra Devi;
                           P.W. 3            Kanti Devi;
                           P.W. 4            Anita Devi;
                           P.W. 5            K.K. Kshitiz;
                           P.W. 6            Mahendra Yadav;
                           P.W. 7            Rajendra Yadav; and
                           P.W. 8            Bare Yadav

                        11. P.W. 1, namely, Kailash Paswan, is a police

         constable and claimed to be the member of the patrolling party;

         P.W. 2, namely, Adra Devi, is the mother of the deceased; P.W.

         3, namely, Kanti Devi, is the maternal aunt of the deceased; P.W.

         4, namely, Anita Devi, is the cousin sister of the deceased, P.W.

         5, namely, K.K. Kshitiz, is the Doctor/Autopsy Surgeon; P.W. 6,

         namely, Mahendra Yadav, is the neighbour of the deceased; P.W.
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         7, namely, Rajendra Yadav, is the grandfather of the deceased

         and P.W. 8, namely, Bare Yadav, claimed to be a friend of the

         deceased.

                        12. P.W. 1, namely, Kailash Paswan, being a

         member of the patrolling party, corroborated the statement made

         in the FIR, stating, inter alia, that on 19th of May, 2010 at about

         12:45 A.M., they found a dead-body lying on the road near a

         godown of L.P.G. Gas at Khandak Par.

                        13. P.W. 2, namely, Adra Devi, who is the mother of

         the deceased, asserted in her evidence that her youngest son,

         namely, Karu Gope, was in his house with her. He was lying on

         a bed and at about 06:00 P.M., he received a phone call. She has

         stated that it was the phone call of Gulab Miyan, who was

         calling the deceased to come to play some games. Karu Gope

         (the deceased) denied such call of Gulab Miyan as his mother

         was there in the home. She has further stated that after about

         half an hour, 8-9 young men came to her house and insisted

         Karu Gope to come to play and, thereafter, they all took him to

         some place in order to play. Amongst them, there were Gulab

         Miyan, Anjay Kumar/Kahar, Alok, Babloo Rajak, Pappu, Sunil,

         Ranjan and Amit. Subsequently, the deceased did not return and

         P.W. 2 along with her sister and sister’s husband left the house
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         to conduct a search. In paragraph 4 of her examination-in-chief,

         P.W. 2 has stated that she found her son lying smeared with

         blood on the southern side of Khandak Par at Bihar Sharif on

         the road and Gulab, Alok, Ranjan, Anjay, Babloo, Pappu, Sunil

         and Amit were fleeing away with pistol in their hands. Seeing

         this, she became unconscious and regained her sense on the next

         day. Thereafter, she went to the local hospital to receive the

         dead-body of her son, but police denied to handover the dead-

         body as it was an unclaimed dead-body.

                        14. In paragraph 9 of the evidence, P.W. 2 has

         clearly stated that police did not record any statement of her or

         her other relatives. She filed a protest petition in the Court

         through a learned Advocate. However, the said protest petition

         was not exhibited during trial. The examination-in-chief was

         contradicted        during      her      cross-examination.   In   cross-

         examination, she has stated that on 18th of May, 2010 at about

         12:00 noon, the driver of the tractor of Karu Gope informed

         about some mechanical disorder in the tractor and her son left

         the house with a sum of Rs. 5,000/- for repairing of the tractor

         and returned home at about 05:00 P.M. In the meantime, her

         son received a phone call and left the house, saying his mother

         that he would be coming within five minutes. After some time
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         of his departure, P.W. 2 heard a sound of firing, first she thought

         that it was the sound of some fire crackers. Thereafter, her son

         did not return back during the said night and as it was dead-

         hours of night, she did not leave the house to find out her son.

         If the statement of P.W. 2 in the cross-examination is believed,

         then her claim in examination-in-chief that on the very date of

         the occurrence she saw her son lying in pool of blood on the

         southern side of the gas godown at Khandak Par and the

         accused persons were fleeing away with pistol in their hands, is

         found to be a false statement. Secondly, she further has further

         stated in her cross-examination that she came to know in the

         next morning that Karu was murdered by gunshot injury.

         Thirdly, she heard that Suraj and Basiya Saran took him to some

         unknown place on the date of occurrence and she told that her

         son was murdered by Suraj Gope.                     There is absolutely no

         evidence as to how P.W. 2 came to know about the involvement

         of Suraj Gope.          The cross-examination belies the statement

         made by her during examination-in-chief. According to her, her

         statement was not recorded under Section 161 of the Cr.P.C.

         Again, she, in paragraph 18 of the cross-examination, has stated

         that she conducted a search for her son along with her relatives.

         She left her house at about one and half hours after her son left
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         the house. She did not go to the place where the gas godown is

         situated and, therefore, she did not have any occasion to see the

         dead-body of the deceased/victim.

                        15. Now, if such evidence is accepted by this Court,

         it is absolutely an absurd proposition that the accused persons

         will wait for about two to three hours after allegedly causing

         murder of the deceased/victim, for P.W. 2 to see that they were

         fleeing away with pistol in their hands.

                        16. P.W. 3, namely, Kanti Devi, has also stated that

         Karu was murdered by Gulab, Anjay, Babloo, Alok, Ranjan,

         Pappu and Sunil. She also told that she heard the sound of

         firing at about 08:45 P.M. and her sister left the house to find

         out her son towards the eastern side of the house where the

         godown was situated.            She also followed her and identified

         Babloo, Gulab, Alok, Sunil and Ranjan. She has also stated that

         she did not find the deceased on the date of the occurrence.

         However, she identified the accused persons under the street

         light.

                        17. It is important to note here that the

         informant/P.W. 1 has stated that the place of occurrence was

         dark and they found the dead-body under torch light and, thus,

         there is a discrepancy between the statements of the
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         informant/P.W. 1 and P.W. 3 with regard to source of light. It is

         also found from the evidence of P.W. 3 that her statement was

         not recorded by police. Again, in paragraph 5 of the cross-

         examination, she has stated that she made a statement to the

         police that Karu was murdered by Gulab, Ajay/Anjay, Babloo

         and Sunil. In paragraph 3 of the cross-examination, she has

         stated that she met one Mukesh and Sharda Gope after two

         months of the incident and came to know about the names of the

         assailants of the deceased/Karu.

                        18. Thus, it is absolutely not safe to rely on the

         evidence of P.W. 3 because she went on making different

         statement at different points of time regarding her knowledge

         about the death of Karu and the name of the assailants.

                        19. P.W. 4, namely, Anita Devi, who is the cousin

         sister of the deceased, unequivocally admitted in her

         examination-in-chief that she did not see anybody assaulting or

         causing injury by gunshot to Karu. However, other witnesses

         saw Gulab and Anjay running away with pistol in their hands.

         In her cross-examination, she has stated that after two days of

         the occurrence, she came to know from her maternal aunt that

         the victim was murdered. Therefore, her claim that she saw

         Gulab and Anjay fleeing away with pistol in their hands, cannot
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         be accepted as a true version of the incident.

                        20. P.W. 5, namely, Dr. K.K. Kshitiz, has conducted

         the post-mortem examination over the dead-body of the

         deceased and found the following injuries:-

                                        “A lacerated wound margin inverted and
                              charred scar having size 1.5” x 1.5” cranial cavity
                              deep on occipetal region of scalp i.e. wound of entry.
                              The injury is anti-mortem in nature.
                                        On Dissection- Skull-Occipetal bone was
                              fractured.    Brain & meninges were lacerated and
                              foreign body of size 1¼” spherical lodged in left frontal
                              ……….(illegible)       was      recovered   ……….(illegible)
                              bullet.
                                        Thorax- Both lungs intact & pale. Heart- All
                              chambers were empty. Abdomen- Stomach contained
                              about 3 ounce food material. U.B. empty. All other
                              Viscera are intact & pale.
                                        In my opinion, death occurred due to
                              hemorrhage & shock due to above noted injury on
                              Scalp caused by firearms weapon.”


                        21. P.W. 6, namely, Mahendra Yadav, is the

         neighbour of the deceased and P.W. 2. It is asserted from his

         evidence that he also took part in conducting search of the

         victim and in course of search, he found Gulab, Anjay, Alok and

         Babloo, who are fleeing away with pistol in their hands. P.W. 6

         heard the sound of firing even prior to identifying the above-

         named accused persons. However, he also did not find out the

         dead-body. In cross-examination, he has clearly stated that the
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         victim/deceased did not receive gunshot injury in his presence

         and he cannot say as to who fired at the victim/deceased.

                        22. P.W. 7, namely, Rajendra Yadav, is the

         grandfather of the deceased. According to him, the incident

         took place on 12th of May, 2010 at about 07:00 P.M. Though

         according to the fardbeyan, the incident took place during the

         night of 18th/19th of May, 2010. P.W. 7 has also stated that he

         saw Gulab and Anjay running away with pistol in their hands.

         In paragraph-5 of the cross-examination, he has stated that he is

         deposing for the first time in Court, meaning thereby, he was not

         examined by the I.O. during the investigation of the case. He

         has also stated that he came to know in the hospital that his

         grandson was murdered, so he did know prior to 19 th of May,

         2010 that his grandson was murdered.

                        23. P.W. 8, namely, Bare Yadav, who claimed to be

         the only eye-witness to the occurrence, has stated, on oath, that

         on 18th of May, 2010 at about 09:00 P.M., he was proceeding

         towards his house from Bihar Sharif Railway Station by a

         motorcycle and when he reached near the gas godown, he saw

         Gulab Miyan, Anjay, Babloo and another person with pistol in

         their hands. Gulab Miyan and Anjay opened fire at the deceased

         and all of them fled away towards the northern side of the
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         locality. He did not state the matter to anybody due to fear.

         From      his     cross-examination,         it     is   asserted   that   the

         victim/deceased was murdered at a distance of about 15 - 20

         meters away from his house and he was shot from a distance of

         about 20 - 25 feet. This fact also cannot be believed in view of

         his own statement in paragraph 5 of his cross-examination,

         wherein, he has stated that the accused persons fired at him,

         touching a firearm on the back side of his head.                       If the

         victim/deceased was murdered, there must be blackening and

         tattooing around the wound of the deceased, but the post-

         mortem report does not suggest any such evidence with respect

         of the injury of the victim/deceased.

                         24. The learned Trial Court held the appellants’

         guilty on the theory of last seen together. According to him, the

         evidence of the witnesses was consistent that all the

         appellants/accused persons called the victim over phone to come

         with them to play and when he denied the same, they came to

         their house and took him away. Thereafter, the victim was

         murdered.        Therefore, the theory of last seen together is

         applicable against the accused persons and it was within the

         special knowledge of the accused persons to explain the death of

         the deceased. Failure on their part would prove the culpability
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         of the appellants in the instant case.

                        25. Before we embark upon the theory of last seen

         together, it is important to note that neither the informant nor the

         Investigating Officer were examined in this case and, therefore,

         both the prosecution and the defence could not ascertain the

         veracity of contradictions in the evidence of the witnesses

         against the appellants. Under such circumstances, when there

         are material contradictions with regard to the identification of

         the accused persons as well as the time when the witnesses saw

         the deceased, examination of the I.O. was absolutely necessary.

         Furthermore, his/her examination was necessary because the

         witnesses have stated that Gulab and Anjay fired at the victim.

         If that be so, there must be two injuries on the person of the

         deceased. However, the Autopsy Surgeon (P.W. 5) found only

         one bullet injury on the body of the deceased. The I.O. did not

         take any attempt to recover the seized weapon. The recovered

         bullet was not produced before the Trial Court. It was not

         consented with the Autopsy Surgeon to ascertain his view as to

         whether the bullet was sufficient to cause the death of the victim

         in ordinary and natural course of business. Absence of such

         evidence, remains to be fatal for the prosecution

                        26. With regard to the circumstantial evidence, the
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         Hon’ble Supreme Court in the celebrated judgment of Sharad

         Birdhichand Sarda vs. State of Maharashtra; reported in (1984)

         4 SCC 116 held in paragraphs 153 and 154 as follows:-

                                              “153. A close analysis of this decision
                                 would show that the following conditions must
                                 be fulfilled before a case against an accused can
                                 be said to be fully established:
                                             (1) the circumstances from which the
                                 conclusion of guilt is to be drawn should be fully
                                 established.
                                             It may be noted here that this Court
                                 indicated that the circumstances concerned
                                 'must or should' and not 'may be' established.
                                 There is not only a grammatical but a legal
                                 distinction between 'may be proved' and "must
                                 be or should be proved" as was held by this
                                 Court in Shivaji Sahabrao Bobade v. State of
                                 Maharashtra where the following observations
                                 were made: [SCC para 19, p. 807 SCC (Cri) p.
                                 1047]
                                              Certainly, it is a primary principle
                                 that the accused must be and not merely may be
                                 guilty before a court can convict and the mental
                                 distance between 'may be' and 'must be' is long
                                 and divides vague conjectures from sure
                                 conclusions.
                                              (2) the facts so established should be
                                 consistent only with the hypothesis of the guilt of
                                 the accused, that is to say, they should not be
                                 explainable on any other hypothesis except that
                                 the accused is guilty,
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                                              (3) the circumstances should be of a
                                 conclusive nature and tendency,
                                              (4)    they    should   exclude   every
                                 possible hypothesis except the one to be proved,
                                 and
                                              (5) there must be a chain of evidence
                                 so complete as not to leave any reasonable
                                 ground for the conclusion consistent with the
                                 innocence of the accused and must show that in
                                 all human probability the act must have been
                                 done by the accused.

                                 154. These five golden principles, if we may say
                                 so, constitute the panchsheel of the proof of a
                                 case based on circumstantial evidence.”


                        27. In the instant case, there is absolutely no

         evidence as to who actually committed murder of the

         victim/deceased. The evidence is also absent on the point as to

         when the deceased was allegedly taken by the accused persons

         away from his home and as to when he was murdered. His

         dead-body was found by the informant (P.W. 1) at about 12:45

         A.M. on 19th of May, 2010. Thus, there was a considerable time

         gap between his leaving the house and finding him dead. There

         is no evidence that, in the meantime, where the deceased had

         met with another person; in other words, the theory of last seen

         together is applicable when the deceased is found in association

         with the appellants soon before his death. There must be close
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         proximity between last seen together and the death.             The

         evidence on record is absolutely absent on this point.

                        28. From the evidence of the witnesses, it is found

         that they were fleeing away. However, P.W. 2, P.W. 3 and others

         started searching out the victim about 2-2½ hours of his

         departure from his house. It is not reasonably possible that after

         committing the offence, the appellants will wait for 2-2½ hours

         only to afford the opportunity to the witnesses to see them

         fleeing away.

                        29. Last but not the least, the evidence on record,

         contains glaring contradictions, adds to the destruction of the

         prosecution case by non-examination of the Investigating

         Officer.

                        30. Surprisingly enough, though the Investigating

         Officer submitted charge-sheet under Section 27 of the Arms

         Act read with Section 34 of the IPC, but there cannot be any

         charge-sheet under Section 27 of the Arms Act read with

         Section 34 of the IPC, in view of the fact that Section 27 of the

         Arms Act is applicable only against the person who used the

         firearm to commit the offence.

                        31. Section 27 of the Arms Act reads as hereunder:-

                                            “[27. Punishment for using arms,
                                 etc.―(1) Whoever uses any arms or ammunition
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                                 in contravention of section 5 shall be punishable
                                 with imprisonment for a term which shall not be
                                 less than three years but which may extend to
                                 seven years and shall also be liable to fine.
                                            (2) Whoever uses any prohibited arms
                                 or prohibited ammunition in contravention of
                                 section 7 shall be punishable with imprisonment
                                 for a term which shall not be less than seven
                                 years but which may extend to imprisonment for
                                 life and shall also be liable to fine.
                                            (3) Whoever uses any prohibited arms
                                 or prohibited ammunition or does any act in
                                 contravention of section 7 and such use or act
                                 results in the death of any other person, shall be
                                 punishable with death.]”


                        32. Therefore, the charge under Section 27 of the

         Arms Act read with Section 34 of the IPC shall also fail.

                        33. For the reasons stated hereinabove, we do not

         find any merit in these appeals and, therefore, we set aside the

         judgment of conviction and order of sentence referred to above

         and acquit the appellants, namely, Anjay Kumar [Cr. Appeal

         (DB) No. 661 of 2019]; Md. Gulab [Cr. Appeal (DB) No. 687 of

         2019]; Babloo Kumar [Cr. Appeal (DB) No. 760 of 2019] and

         Alok Kumar @ Sandeep Kumar [Cr. Appeal (DB) No. 817 of

         2019] of the charges levelled against them.

                        34. The appeals stand allowed.

                        35. The appellants, above-named, are said to be in
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                      custody; therefore, they are directed to be released forthwith, if

                      their custody is not required/wanted in any other matter.

                                     36. Let the Trial Court Records and a copy of this

                      judgment be sent immediately to the learned Trial Court and the

                      concerned       Jail    authority      for    information   and   needful

                      compliance.

                                     37. The interlocutory application(s), if any, in all the

                      four appeals stands disposed off accordingly.



                                                (Bibek Chaudhuri, J)


                                               (Rana Vikram Singh, J)

Praveen-II/Saurabh

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          10/07/2026
Transmission Date       10/07/2026


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