Created by Fuzzy Cloud

Patna High Court

Md. IdrishversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appellate court upheld the trial court’s acquittal, finding that the prosecution did not establish guilt beyond reasonable doubt.

Summary

The case arose from a 2011 incident in which the deceased, Noor Mohammad, was set on fire and later died of septicemia. The prosecution relied on the dying declaration (fardbeyan) of the deceased and several witnesses to charge Ibran, Hamid Mian, and Sharifan Bibi under Sections 326, 302, 307, 341 and 34 of the IPC. The trial court acquitted Sharifan Bibi, holding that key witnesses were not eye‑witnesses, the police officer who recorded the dying declaration and a doctor were not examined, and the prosecution failed to prove the accused’s presence at the scene beyond reasonable doubt. On appeal, the High Court examined the same evidence, noted the same deficiencies, and applied the principles governing appeals against acquittal, concluding that the trial court’s view was a permissible one on the record. Consequently, the appeal was dismissed and the acquittal upheld.

Issues considered

  • Whether the prosecution proved the guilt of Sharifan Bibi beyond reasonable doubt.
  • Whether the dying declaration of the deceased is admissible and sufficient as primary evidence.
  • Whether the trial court erred in acquitting the accused on the basis of lack of eye‑witness testimony and non‑examination of the police officer and doctor.

Legislation cited

Subjects

  • acquittal
  • appeal against acquittal
  • dying declaration
  • reasonable doubt
  • evidence
  • Indian Penal Code
  • Criminal Procedure Code
  • burden of proof

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                         CRIMINAL APPEAL (DB) No.800 of 2024
            Arising Out of PS. Case No.-556 Year-2011 Thana- SONEPUR District- Saran
     ======================================================
     Md. Idrish, son of Md. Nizamuddin, Resident of Mohalla- Bharpura, PS-
     Sonepur, District- Saran.
                                                            ... ... Appellant
                                    Versus
1.    The State of Bihar
2.    Sharifan Bibi, W/o Late Mubarak Hussain, Resident of Mohalla- Bharpura,
      PS- Sonepur, District-Saran
                                                            ... ... Respondents
     ======================================================
     Appearance :
     For the Appellant        :        Md. Shamimul Hoda, Advocate
                                       Mr. Anuj Kumar, Advocate
     For the State            :        Mr. Binod Bihari Singh, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
             and
             HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                       ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

      Date : 25-03-2026

                         At the outset, learned counsel for the appellant

      seeks permission to correct the name of respondent no.2 in the

      cause title of the memo of appeal.

                         2. Learned Additional Public Prosecutor for the

      State has no objection to the same.

                         3. Learned counsel for the appellant is permitted to

      make necessary correction in the name of respondent no.2 in the

      cause title.

                         4. Heard learned counsel for the appellant and

      learned Additional Public Prosecutor for the State.

                         5. The present appeal arises out of the judgment of

      acquittal dated 07.05.2024, passed by the learned Additional
Patna High Court CR. APP (DB) No.800 of 2024 dt.25-03-2026
                                           2/13




         Judge-cum-Sessions Judge-V, Saran at Chapra (hereinafter

         referred to as ‘the learned Trial Court’) in S.Tr. No. 380 of 2013,

         arising out of Sonepur P.S. Case No. 556 of 2011, whereby and

         whereunder the respondent no.2 has been acquitted of the

         charges levelled against him under Sections 341, 307 and 302 of

         Indian Penal Code (in short ‘IPC’).

                         Prosecution Case

                         6. The prosecution case is based upon the

         fardbeyan of Noor Mohammad (since deceased) recorded by the

         S.I. of Sonepur Police Station on 29.12.2011 at 10:30 AM at the

         Railway Hospital, Sonepur, wherein it is stated that on

         29.12.2011 at 08:30 AM while he was regressing to his shop

         from his house and reached near the village well, he saw that

         (1) Hamid Mian, (2) Ibran and (3) Sharifan Bibi (respondent no.

         2) were present there. As soon as, he proceeded through well

         then Hamid Mian and Sharifan Bibi caught hold of his hands

         and in the meantime, Ibran who is the youngest son of Hamid

         Mian, poured kerosene oil on him and lit a matchstick.

         Thereafter they fled away. When he started crying, then his

         elder brother Akhlak Ahmad came running and tried to save

         him. In course of saving his brother, Akhlak got burn injury on

         his fingers of right hand. Thereafter, Noor Mohammad was
Patna High Court CR. APP (DB) No.800 of 2024 dt.25-03-2026
                                           3/13




         brought to Railway Hospital, Sonepur where his treatment was

         going on. In course of treatment, Noor Mohammad died on

         12.02.2012.

                         7. The police, after investigation, filed charge-sheet

         bearing no. 156 of 2012 dated 30.04.2012 against accused (1)

         Ibran and (2) Hamid Mian under Sections 326/302/34 IPC

         keeping investigation pending against Sharifan Bibi. Thereafter,

         a supplementary chargesheet bearing Chargesheet No. 12 of

         2013 dated 31.01.2013 was filed against Sarifan Bibi

         (respondent no. 2) under Sections 326/302/34 IPC.

                         8. On the basis of these chargesheets, learned Chief

         Judicial Magistrate took cognizance against accused persons

         under Sections 326, 302/34 of IPC vide order dated 25.02.2013

         and 09.04.2013 respectively, whereafter the case was committed

         to the court of sessions vide order dated 04.05.2013 putting the

         Sharifan Bibi (respondent no. 2) on trial in Sessions Trial No.

         380 of 2013. On receipt of the records, the learned trial court

         framed charges against respondent no.2 under Sections 341/34,

         307/34, 302/34 of the IPC vide order dated 06.12.2013. Charges

         were explained to respondent no. 2 to which she pleaded not

         guilty and claimed to be tried.

                         9. In course of trial, the prosecution examined as
Patna High Court CR. APP (DB) No.800 of 2024 dt.25-03-2026
                                           4/13




         many as seven witnesses and got exhibited various documentary

         evidence such as the fardbeyan of the informant, postmortem

         report, 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:-

                         List of Prosecution Witnesses

                                  PW-1      Md. Idrish (father of deceased)
                                  PW-2      Dr. Shailendra Kumar Singh
                                            (Medical Officer)
                                  PW-3      Md. Tahid (brother-in-law of
                                            deceased)
                                  PW-4      Akhlak Ahmed (brother of
                                            deceased)
                                  PW-5      Md. Naimudin, (brother-in-law
                                            of deceased)
                                  PW-6      Khairun Nisha (mother of
                                            deceased)
                                  PW-7      Tuntun Giri (tahid)

                         List of Exhibits on behalf of Prosecution


                         Exhibit ‘1’                 Identification of the
                                                     signature of PW-1 on the
                                                     Inquest Report
                         Exhibit ‘1/a’               Identification of the
                                                     signature of the informant
                                                     on the Fardbeyan
                         Exhibit ‘2’                 Verified copy of
                                                     postmortem
                         Exhibit ‘3’                 Identification of the
                                                     signature of S.H.O on the
                                                     statement
                         Exhibit ‘3/1’               Identification of
                                                     Mrityunjay Choubey’s
                                                     handwriting and signature
                                                     on the endorsement
                         Exhibit ‘4’                 Charge-sheet
Patna High Court CR. APP (DB) No.800 of 2024 dt.25-03-2026
                                           5/13




                       10. Thereafter, the statement of respondent no. 2 was

         recorded under Section 313 of the CrPC. The respondent no. 2 in

         her 313 CrPC statement denied the allegations and pleaded

         innocence.

                       Findings of the Learned Trial Court

                       11. Learned trial court after analysing the evidences

         available on the record found that the Sub-Inspector of Police, M.

         Chaubey of Sonepur Police Station, who is said to have recorded

         the fardbeyan of the deceased, has not been examined in this

         case. Further, it is noticed that the fardbeyan of the deceased is

         said to have been recorded in Sonepur Railway Hospital where

         doctors were present, but the fardbeyan was not recorded in

         presence of any doctor and for that reason, no doctor has been

         produced in support of the prosecution case. Learned trial court

         observed that it is the doctor of the hospital who could have

         stated about the mental condition of the deceased at the time of

         recording of the fardbeyan by the S.I. of Police. Therefore,

         learned trial court held that the prosecution has not brought any

         evidence on the point of the mental condition of the deceased at

         the time of recording of the fardbeyan.

                       12. Learned trial court has, while appreciating the

         evidence of PW-4, held that from his evidence, it is not clear and

         no clinching material has come as regards the presence of the
Patna High Court CR. APP (DB) No.800 of 2024 dt.25-03-2026
                                           6/13




         accused persons at the place of occurrence.

                       13. Learned trial court further found that the very

         presence of PW-4 and PW-6 at the place of occurrence is not

         getting fully established, hence, prosecution cannot be said to

         have proved its case beyond all reasonable doubts. Accordingly,

         respondent no. 2 was acquitted of the charges levelled against her

         under Sections 341, 307, 302 IPC.

                       Submission on behalf of appellant

                       14. Learned counsel for the appellant while assailing

         the impugned judgment of acquittal submits that the learned trial

         court has committed error in acquitting respondent no. 2 without

         proper appreciation of evidences available on the record.

                       15. Learned counsel for the appellant submits that the

         dying declaration of the deceased, recorded as fardbeyan by the

         police constitutes primary, substantive, and highly material

         evidence in the facts and circumstances of the present case. It is

         submitted that learned trial court has gravely erred in law and on

         facts in failing to properly appreciate the evidentiary value of the

         said dying declaration and in not placing due reliance thereupon,

         thereby vitiating the impugned judgment.

                       16. Learned counsel further submits that the PW-4

         who is an eyewitness to the occurrence, has supported the

         prosecution case, minor contradictions are possible due to the
Patna High Court CR. APP (DB) No.800 of 2024 dt.25-03-2026
                                           7/13




         passage of time in recording of his statement in the court during

         trial, he has remained consistent throughout during cross

         examination.

                       17. Learned counsel further submits that non-

         examination of the I.O. in this case would not prove fatal to the

         prosecution case as the dying declaration and the evidence on

         record fully establish the prosecution's case.

                       18. Learned counsel further submits that the Injury of

         the deceased has been fully substantiated by the medical

         evidence and corroborates the version of the assault.

                       Submission on behalf of State

                       19. 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 acquitted respondent no. 2.

                       Analysis and Consideration

                       20. Having heard learned counsel for the appellant

         and learned Additional Public Prosecutor for the State as also on

         perusal of the trial Court records, we find that the learned Trial

         Court has rightly concluded that the prosecution cannot establish

         its case on mere surmises and conjectures. The Sub-Inspector of

         Police, M. Chaubey of Sonepur Police Station, who is said to

         have recorded the fardbeyan of the deceased, has not been
Patna High Court CR. APP (DB) No.800 of 2024 dt.25-03-2026
                                           8/13




         examined in this case. Further, it is noticed that the fardbeyan of

         the deceased is said to have been recorded in Sonepur Railway

         Hospital where doctors were present, but the fardbeyan was not

         recorded in presence of any doctor and for that reason, no doctor

         has been produced in support of the prosecution case. It is the

         doctor of the hospital who could have stated about the mental

         condition of the deceased at the time of recording of the

         fardbeyan by the S.I. of Police. The prosecution has not brought

         any other evidence on the point of the mental condition of the

         deceased at the time of recording of the fardbeyan.

                       21. This Court has further noticed that the only eye-

         witness in the case is said to be Akhlak Ahmed (PW-4), who has

         also not stated about the mental condition of the deceased brother

         at the time of recording of the fardbeyan.

                       22. This Court finds from the evidences available on

         the record that the prosecution witness (PW)-1 is the father of the

         deceased, who was not present at the place of occurrence. He had

         arrived directly to the Sonepur Railway Hospital after hearing

         about the occurrence. PW-3 has stated that he came to know

         about the occurrence over telephone whereafter he reached the

         hospital. PW-5 is the brother-in-law of the deceased who had

         received the information over telephone. PW-7 is a formal

         witness. The learned Trial Court has, therefore, rightly recorded
Patna High Court CR. APP (DB) No.800 of 2024 dt.25-03-2026
                                           9/13




         that PWs-1, 3 and 5 were not present either at the place of

         occurrence or at the nearby places at the time of occurrence,

         therefore, they cannot be put in the category of eye- witnesses.

         So far as the evidence of PW-4 (Akhlak Ahmed) is concerned, he

         claims that after hearing the sought of his brother Noor

         Mohammed (since deceased), he went there and found that his

         brother was burning in the fire, he tried to pacify the fire in

         which he burnt his one of the fingers. According to the fardbeyan

         of the deceased, the accused persons had fled away after putting

         the deceased at fire, PW-4 came after hearing the sounds and he

         has stated that he had seen the accused Sarifan Bibi at the place

         of occurrence and she was present there. The learned Trial Court

         has found that this witness has stated in his cross-examination

         that he reached the place of occurrence 2-3 minutes after Noor

         Mohammed (deceased) had started burning, this witness had torn

         off the clothes of the deceased but he could not say that by that

         time anybody from the village or any other person had arrived or

         not. The learned Trial Court has, while appreciating the evidence

         of PW-4, held that from his evidence, it is not clear and no

         clinching material has come as regards the presence of the

         accused persons at the place of occurrence.

                       23. This Court finds on perusal of the evidence of the

         mother of the deceased (PW-6) that she claims to have gone to
Patna High Court CR. APP (DB) No.800 of 2024 dt.25-03-2026
                                           10/13




         the place of occurrence after hearing hulla with her son Akhlak

         Ahmed (PW-4) and there she had seen that Hamid and Sarifan

         (R-2) had caught hold of her son, Ibran was pouring kerosene oil

         on the body of the deceased and was lighting the fire. It has come

         that on seeing them the accused persons had fled away. This

         witness has admitted that there is an old dispute with Hamid

         Mian. In her cross-examination, PW-6 has stated that she reached

         at the place of occurrence after ten minutes of hearing the hulla

         and her son Akhlakh (PW-4) was accompanying her. She has

         specifically stated that there was no one else, only later on

         members of the family arrived two minutes after that. The Trial

         Court has taken note of the statement of PW-6 in paragraph no.11

         of her deposition where she has stated that there is an old land

         dispute with the accused Sarifan Bibi.

                       24. This Court finds that the finding of the learned

         Trial Court is based on the materials available on the record. The

         contradiction present in the fardbeyan of the deceased and that of

         the statement of the mother of the deceased (PW-6) have been

         noticed by the learned Trial Court and this Court has once again

         gone through the same. According to the fardbeyan, on hulla it

         was only PW-4 who had arrived at the place of occurrence. PW-4

         has also not given any evidence with regard to presence of his

         mother (PW-6) at the place of occurrence.
Patna High Court CR. APP (DB) No.800 of 2024 dt.25-03-2026
                                           11/13




                       25. This Court finds on perusal of the entire materials

         on the record that the deceased died after about 25 days of the

         occurrence due to septicemia. There is no doubt that the burn

         injuries were caused to the deceased and in that injured condition

         he is said to have given the fardbeyan, therefore, it becomes

         important to note that whether the deceased being in injured

         condition, lying in the hospital, was in a mental state of mind to

         make his fardbeyan. The fact that neither the doctor of the

         hospital is a witness of the fardbeyan nor the S.I. who had

         recording the fardbyan, has been examined in course of trial.

         This would go against the prosecution. From the charge-sheet,

         we find that one Shailender Kumar Singh, the Medical Officer of

         Sadar Hospital, Chapra, has been examined in this case, who had

         conducted the postmortem of the dead body of the deceased. The

         prosecution is completely silent as to presence of any doctor of

         the hospital at the time of recording of the fardbeyan of the

         deceased.

                       26. In a case where the prosecution witnesses are

         admittedly inimical on account of old land dispute, there is no

         independent witness of the village to support the prosecution

         case and the material witnesses have not been produced as also

         the very presence of PW-4 and PW-6 at the place of occurrence

         and at the time to occurrence is not getting fully established, in
Patna High Court CR. APP (DB) No.800 of 2024 dt.25-03-2026
                                           12/13




         our considered opinion the prosecution cannot be said to have

         proved it’s case beyond all reasonable doubt.

                       27. We find that in an appeal against acquittal, an

         appellate Court need not interfere with the judgment of the Trial

         Court on mere aspect unless the appellate court comes to an

         irresistible conclusion that the accused who has been acquitted

         by the learned Trial Court is guilty of the commission of the

         offence. There are a catena of decisions of the Hon’ble Supreme

         Court on this point. Reference has been made to the judgment of

         Hon’ble Supreme Court              in the case of H.D. Sundara and

         Others Vs. State of Karnataka reported in (2023) 9 SCC 58.

         Paragraph ‘8’ of H.D. Sundara (supra) is being quoted 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;
                               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;


           1. Karnataka v.H.K. Mariyappa, 2010 SCC OnLine Kar 5591
             Patna High Court CR. APP (DB) No.800 of 2024 dt.25-03-2026
                                                        13/13




                                            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.”


                                     28. We find no merit in this appeal. It is dismissed,

                      accordingly.

                                     29. Let a copy of this judgment along with the trial

                      court’s record be sent down to learned trial court.


                                             (Rajeev Ranjan Prasad, J)


                                                 ( Soni Shrivastava, J)


Harsh/ devendra
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          31.03.2026
Transmission Date       31.03.2026


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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