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Patna High Court

Daso KewatversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The conviction under Sections 302/34 IPC was set aside and the appellants were acquitted as the prosecution failed to prove guilt beyond reasonable doubt.

Summary

The appellants Daso Kewat and Saryug Yadav were convicted for murder under Sections 302/34 IPC based on the testimony of village witnesses who claimed the deceased Suresh Yadav was assaulted with a bhala. The appellants challenged the conviction, arguing that key prosecution evidence was missing: the investigating officer, the treating doctor, and the post‑mortem report were not examined, and the witnesses were largely hearsay with contradictory statements. The High Court examined the credibility of the seven prosecution witnesses, noting that the primary eye‑witness (the brother of the deceased) was contradicted by another villager and that several witnesses had not seen the assault. Citing Supreme Court precedents that a conviction cannot stand when the genesis of the incident is doubtful and material evidence is absent, the Court held that the prosecution failed to prove guilt beyond reasonable doubt. Consequently, the convictions and sentences were set aside, the appeals were allowed, and the appellants were acquitted and ordered to be released.

Issues considered

  • Whether a conviction under Sections 302/34 IPC can be sustained in the absence of direct eye‑witness testimony and medical evidence.
  • Whether the non‑examination of the investigating officer, the treating doctor, and the non‑production of the post‑mortem report create a material lacuna leading to reasonable doubt.
  • Whether hearsay statements of village witnesses are sufficient to prove the charge of murder.
  • Whether contradictions among prosecution witnesses affect the reliability of the prosecution case.
  • Whether procedural irregularities such as delay in filing the FIR and inquest report invalidate the conviction.

Legislation cited

Subjects

  • murder
  • culpable homicide not amounting to murder
  • life imprisonment
  • acquittal
  • benefit of doubt
  • procedural lapse
  • hearsay evidence
  • post‑mortem report
  • criminal appeal

Judgment

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (DB) No.802 of 2018

      Arising Out of PS. Case No.-47 Year-1993 Thana- HALSI District- Lakhisarai

======================================================

Daso Kewat Son of Late Narayan Kewat, Resident of Village- Siyani, P.S.-

Karandey, District- Sheikhpura.


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

                                            ... ... Respondent/s
======================================================
                          with
           CRIMINAL APPEAL (DB) No. 822 of 2018

      Arising Out of PS. Case No.-47 Year-1993 Thana- HALSI District- Lakhisarai
======================================================
Saryug Yadav Son of Narayan Yadav, Resident of Village- Ballopr, Police
Station- Halsi, District- Lakhisarai.

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

                                          ... ... Respondent/s
======================================================
Appearance :

(In CRIMINAL APPEAL (DB) No. 802 of 2018)

For the Appellant/s     :         Mr.Arun Kumar, Advocate

For the Respondent/s    :         Ms.Shashi Bala Verma, APP

(In CRIMINAL APPEAL (DB) No. 822 of 2018)

For the Appellant/s     :         Ms. Eashita Raj, Advocate

For the Respondent/s    :         Mr.Sri Satya Narayan Prasad, APP

======================================================
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       CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
             and
             HONOURABLE MR. JUSTICE DR. ANSHUMAN

                                      C.A.V. JUDGMENT

       (Per: HONOURABLE MR. JUSTICE DR. ANSHUMAN)

         Date : 18-03-2026

                       The     aforementioned         appeals   have   been   filed

          challenging the judgment of conviction dated 16.05.2018 and

          the order of sentence dated 22.05.2018 passed by the learned

          ADJ-cum- Fast Tract Court No.I, Lakhisarai in Sessions Trial

          No. 436 of 1996 arising out of Halsi P.S. Case No. 47 of 1993

          whereby all the accused mentioned above were convicted under

          Sections 302/34 of the Indian Penal Code and sentenced to

          undergo rigorous imprisonment for life and to pay a fine of Rs.

          5000/- (five thousand) each; and in default of payment of fine,

          all the convicts were directed to further undergo rigorous

          imprisonment for two months.

                       2. The prosecution story, as narrated in the fardbeyan

          of the informant, Karyanand Yadav, dated 03.06.1993, is that on

          30.05.1993, at about 10:30 PM, while he was sleeping at his

          doorstep, he heard a commotion with cries of “Chor Chor”

          coming from the side of the boring belonging to his bagina

          (nephew), Suresh Yadav. Upon hearing the alarm, he, along

          with Rameshwar Yadav, Bharat Yadav, Bannu Yadav, and other
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          villagers, proceeded to the boring, which was situated in the

          field of Suresh Yadav. There, they found Suresh Yadav lying

          injured, with blood oozing from his stomach. Umesh Yadav was

          tying a cloth around his injured stomach. Upon being asked,

          Umesh Yadav informed him that he was going to the boring to

          deliver food to Suresh Yadav when, in the meantime, 5–6

          accused persons, armed with lathis and bhalas, arrived at the

          boring. On noticing them, Umesh Yadav called out to Suresh

          Yadav, saying “Bhaiya-Bhaiya,” asking who was present there.

          As soon as Suresh Yadav woke up, the accused persons began

          assaulting him. When Suresh Yadav attempted to flee towards

          the north, he was assaulted in the stomach with a bhala by

          accused Daso Kebat (appellant in Crl. App (DB) 802 of 2018).

          The other identified accused were Saryug Yadav, Bhushan

          Yadav, Sunil Yadav, and Sahdeo Yadav, who were armed with

          bhalas and lathis, and who also participated in the assault upon

          Suresh Yadav. The injured Suresh Yadav stated to the informant

          that he was first assaulted with a bhala by Daso Kebat, and

          thereafter by accused Saryug Yadav (appellant in Criminal

          Appeal (DB) No. 822 of 2018), who also struck him in the

          stomach with a bhala. Suresh Yadav further stated that all the

          accused persons had come with the intention of committing
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          theft of the boring machine. Thereafter, Umesh Yadav, the

          informant, and other villagers carried the injured Suresh Yadav,

          who was in an unconscious state, to Sikandra Government

          Hospital. However, the doctors there refused to provide

          treatment. He was then taken to Mokama Hospital, where the

          doctors were reportedly on leave. Subsequently, Suresh Yadav

          was brought to Patna, where he was admitted to N.M.C.H.,

          Patna, for treatment. During the course of treatment, he

          succumbed to his injuries on Monday. The fardbeyan of the

          informant, Karyanand Yadav, was recorded on 03.06.1993 at

          03:00 PM by S.I. B. Ram of Halsi P.S.

                       3. On the basis of the fardbeyan of the informant,

          Halsi P.S. Case No. 47/93 was registered under Sections 382

          and 302/34 of the I.P.C. against all the named accused persons.

          Upon completion of the investigation, the Investigating Officer

          submitted a charge-sheet against six accused persons named in

          the F.I.R., including the appellant in the present matters.

          Consequently, cognizance was taken on 04.05.1996, and the

          case was committed to the Court of Sessions on 07.06.1996.

          Thereafter, charges were framed on 22.02.2000 against the

          accused persons under Sections 302/34 and 382 of the I.P.C.

          Upon denial of the charges by the accused persons, the trial
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          proceeded. However, during the pendency of the trial, one of

          the accused, namely Sahdeo Yadav, died. Accordingly, only the

          remaining five accused persons faced the trial. The prosecution

          evidence was closed on 13.06.2017.

                       4. On 13.06.2017, the statements of the accused

          persons were recorded under Section 313 of the Cr.P.C.,

          wherein they denied the prosecution allegations in toto and

          claimed themselves to be innocent.

                       5. In order to prove its case, the prosecution

          examined altogether seven witnesses. Among them, P.W.1 is

          Karyanand Yadav (informant), P.W.2 Bharat Yadav, P.W.3

          Madan Yadav, P.W.4 Umesh Yadav, P.W.5 Jagdish Yadav, P.W.6

          Bouni Yadav, and P.W.7 Ramsnehi Pandit.

                       The following documentary evidence has been

          adduced on behalf of the prosecution:

                             Ext. 1 – Signature of the informant on the

                fardbeyan;

                             Ext. 2 – Carbon copy of the inquest report of the

                deceased, Suresh Yadav;

                             Ext. 3 – Formal F.I.R.

                       6. During examination-in-chief, P.W.1, Karyanand

          Yadav (informant), deposed that he is the informant of the case.
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          He stated that upon hearing the ‘hulla’, he proceeded to the

          boring of Suresh Yadav along with others and found Suresh

          Yadav lying injured, with blood oozing from his stomach. He

          further stated that Umesh Yadav informed him that he had gone

          to the boring to deliver food to Suresh Yadav and saw 5–6

          accused persons present there, who were attempting to detach

          the boring machine. The accused persons were armed with

          bhalas and lathis. Umesh Yadav raised an alarm by shouting

          “Kaun aaya, Kaun aaya,” upon which Suresh Yadav woke up.

          Thereafter, the accused persons chased Suresh Yadav with the

          intention to assault him, and while he was fleeing towards the

          northern side, he was assaulted with a bhala by Daso Kebat and

          Saryu Yadav. He was also assaulted with lathis by Bhushan

          Yadav, Sunil Yadav, and Sahdeo Yadav. The witness further

          stated that Umesh Yadav told him that Suresh Yadav had

          sustained a bhala injury on his stomach. He also deposed that

          the injured Suresh Yadav disclosed the names of the accused

          persons who had assaulted him with the bhala. He stated that

          Suresh Yadav was taken to Sikandra Hospital by the informant

          and other villagers, where the doctor referred him to Patna for

          further treatment. Thereafter, the injured was taken to Mokama

          Hospital, but as the doctors were not available and were
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          reportedly on leave, he was taken to N.M.C.H., Patna, where he

          subsequently died. The witness stated that his fardbeyan was

          recorded on 03.06.1993, and his signature on the fardbeyan was

          marked as Ext. 1.

                       During cross-examination, the witness stated that he

          did not accompany Suresh Yadav and Umesh Yadav to Patna

          for treatment and, therefore, could not say with certainty at

          which hospital Suresh Yadav was treated.

                       7. During examination-in-chief, P.W.2, Bharat Yadav,

          deposed that the occurrence took place about seven years prior

          at approximately 10:30 PM, while he was sleeping at his

          doorstep. Upon hearing a commotion from the side of the

          boring of Suresh Yadav, he woke up and proceeded there along

          with others. He stated that Suresh Yadav told him that Daso

          Kebat had assaulted him with a bhala on his stomach. He saw

          Suresh Yadav lying injured, with blood oozing from his

          stomach. He further stated that the injured was taken to

          Sikandra Hospital, then to Mokama Hospital, and thereafter to

          N.M.C.H., Patna, where he died during the course of treatment.

                       8. P.W.3, Madan Yadav, deposed that the occurrence

          took place on 30.05.1993 at about 10:30 PM. He stated that

          while he was at his house, he heard cries of “Chor Chor” and
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          went to the boring of Suresh Yadav along with others. He saw

          Suresh Yadav lying injured with a bhala injury on his stomach.

          He further stated that, in the moonlight, he saw Daso Kebat,

          Saryug Yadav, Bhushan Yadav, Sahdeo Yadav, and Arjun Yadav

          fleeing away from the place of occurrence. He deposed that

          Suresh Yadav told him that Daso Kebat had assaulted him with

          a bhala on his stomach and that the remaining accused persons

          had also assaulted him with lathis and bhalas. Suresh Yadav

          also stated that the accused persons had come there with the

          intention of committing theft of the boring machine.

                       During cross-examination, the witness stated that he

          had merely seen the injured Suresh Yadav lying at the place of

          occurrence. He further admitted that he did not witness the

          assault upon Suresh Yadav with his own eyes.

                       9. P.W.4, Umesh Yadav, deposed that the occurrence

          took place on 30.05.1993 at about 10:30 PM. He stated that he

          had gone to the boring to deliver food to Suresh Yadav and saw

          accused Daso Kebat, Bhushan Yadav, Saryu Yadav, Sunil

          Yadav, Sahdeo Yadav, and Arjun Yadav present there with the

          intention of committing theft of the boring. He further stated

          that he raised an alarm by shouting “Chor Chor,” upon which

          Suresh Yadav woke up. Thereafter, accused Daso Kebat
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          assaulted Suresh Yadav with a bhala on his stomach, followed

          by accused Saryug Yadav, who also assaulted him with a bhala.

          He further stated that the other accused persons assaulted

          Suresh Yadav with a paina. He deposed that he tied the stomach

          of Suresh Yadav with a gamcha. The injured was first taken to

          Sikandra Hospital, then to Mokama Hospital, and finally to

          Patna, where he died during the course of treatment.

                       During cross-examination, the witness stated that he

          had accompanied Suresh Yadav to Patna for treatment and that

          Suresh Yadav died there during treatment. He denied the

          suggestion that his fardbeyan was recorded at N.M.C.H., Patna,

          by the Alamganj Police.

                       10. P.W.5, Jagdish Yadav, deposed that the occurrence

          took place about seven years prior at approximately 10:30 PM.

          He stated that upon hearing the commotion, he went to the

          boring of Suresh Yadav along with others and saw Suresh

          Yadav lying injured, with blood oozing from his stomach.

                       During cross-examination, the witness stated that

          Umesh Yadav arrived at the place of occurrence about five

          minutes after his arrival.

                       11. P.W.6, Bonnu Yadav, the brother-in-law (sadhu)

          of the deceased, deposed that the deceased was taken to Patna
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          for treatment and never regained consciousness.

                       12. P.W.7, Ram Sanehi Pandit, formally proved the

          formal F.I.R. Initially marked as Ext. 1, upon correction it was

          renumbered and marked as Ext. 3.

                       13. On the other hand, defence has produced neither

          oral evidence nor documentary evidence.

                       14. After closure of the evidence, the Trial Court

          examined the accused under Section 313 of the Code of

          Criminal Procedure and put to him specific questions relating to

          the commission of the offence.

                         15. The Trial Court, upon considering the entire

         oral and documentary evidence, found that the charges levelled

         against the accused has been proved beyond all reasonable

         doubts. Accordingly, the appellant was convicted under Section

         302/34 of the Indian Penal Code.

                         16. Being aggrieved and dissatisfied with the

         judgment of conviction dated 16.05.2018 and the order of

         sentence dated 22.05.2018, the appellants have preferred the

         present criminal appeal.

                       17. Heard learned counsel for the appellant and

          learned APP for the State in both the appeals.

                       18. Learned counsel for the appellants submits that,
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          from perusal of the FIR, it is apparent that the date of

          occurrence is 30.05.1993, the FIR was lodged on 03.06.1993,

          and it was forwarded to the concerned Judicial Magistrate on

          05.06.1993. It is further submitted that neither the Investigating

          Officer nor the Doctor has been examined in the present case,

          and the post-mortem report has also not been brought on record.

          Out of the seven prosecution witnesses examined, PW-1 is the

          informant. From the statement made in the fardbeyan, it

          becomes clear that PW-1 is only a hearsay witness. PW-2, a co-

          villager, is also a hearsay witness who has stated that upon

          hearing halla, he went to the place of occurrence. PW-3,

          another co-villager, similarly reached the place of occurrence

          after hearing the alarm and is, therefore, also a hearsay witness.

          Learned counsel further submits that PW-4, the alleged eye-

          witness and brother of the deceased, has made statements which

          are in complete contradiction to the evidence of PW-5. PW-4

          has stated that he saw the appellants assaulting the deceased

          with a bhala, whereas PW-5 has categorically stated that he

          reached the place of occurrence first and that PW-4 (the brother

          of the deceased) arrived there after about 10 minutes. PW-5 has

          further deposed in his cross-examination that there was an

          ongoing dispute in the village between the deceased and one
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          Saryug Sah; however, the said Saryug Sah has not been made

          an accused in the present case. It is also submitted that the FIR

          has been exhibited through a formal witness and not through

          the Investigating Officer. Learned counsel further submits that

          although the FIR was lodged on 03.06.1993, the inquest report

          was prepared on 31.05.1993, which, according to the

          appellants, falsifies the prosecution case. PW-6, a relative of the

          deceased, never reached the place of occurrence and instead

          accompanied the injured to Patna. It is also contended that the

          examination of the accused under Section 313 Cr.P.C. is

          defective. In the absence of the examination of the Investigating

          Officer and the doctor, and in the absence of the post-mortem

          report and medical evidence regarding the injuries, the entire

          prosecution case collapses. The prosecution, therefore, has

          failed to prove its case beyond reasonable doubt.

                       19. Learned APP for the State, on the other hand,

          submits that there is a specific allegation in the FIR that the

          appellant in Criminal Appeal (DB) No. 802 of 2018, Daso

          Kewat, inflicted the first bhala blow and the appellant in

          Criminal Appeal (DB) No. 822 of 2018, Saryug Yadav, inflicted

          the second bhala blow, while the other accused assaulted the

          deceased with lathis. Thereafter, all the accused allegedly went
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          to the boring of the deceased with an intention to commit theft

          of the engine of the boring machine. It is further submitted that

          the eye-witness in the case is PW-4, the brother of the deceased,

          who has categorically stated that when his brother went to his

          boring, he saw the present appellants and others there with the

          intention of committing theft. Upon PW-4 raising alarm,

          appellant Daso Kewat assaulted the deceased with a bhala and

          Saryug Yadav also inflicted a bhala blow. PW-4 has further

          stated that in the moonlight (chandani raat), he was able to

          identify all the accused persons and has also identified them in

          the witness box. Learned APP fairly concedes that it is true that

          the Investigating Officer and the doctor have not been

          examined and the post-mortem report is not on record, but

          submits that the death of the deceased is not in dispute and

          there is a direct and specific allegation made by PW-4 against

          the present appellants. Therefore, no interference is warranted

          with the judgment and order of conviction passed by the

          learned trial court, and both the appeals are liable to be

          dismissed.

                       20. Upon hearing the parties and perusal of the

          record, it transpires that seven prosecution witnesses have been

          examined. PW-1 is a co-villager of the deceased. From the
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          contents of the FIR and his deposition, it appears that he

          reached the place of occurrence after hearing halla and found

          the deceased in an injured condition, with his brother Umesh

          Yadav tying a gamcha around his stomach. It was Umesh Yadav

          who informed him that the present appellants and others had

          assaulted the deceased with a bhala. The informant has also

          stated that Suresh Yadav disclosed that one bhala blow was

          inflicted by Daso Kewat and another by Saryug Yadav.

          However, in cross-examination, PW-1 admitted that at the time

          of occurrence he was not present at the place of occurrence and

          was about half a kilometer away. Thus, he is not an eye-witness

          but a hearsay witness. He has also not proved the fardbeyan.

          PW-2, another co-villager, has not identified any specific

          assailant. He stated that he received information regarding the

          assault from Umesh Yadav. He further deposed that the inquest

          report was prepared in his presence and that his signature

          appears on the inquest report (Exhibit-II). The inquest report

          shows that it was prepared on 31.05.1993 at 14:00 hours in the

          Emergency Room of NMCH, Patna. However, the FIR was

          lodged on 03.06.1993. It is surprising that the inquest report

          was prepared on 31.05.1993 whereas the FIR was lodged

          subsequently on 03.06.1993. The inquest report was prepared
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          by the Sub-Inspector of Alamganj Police Station, Patna,

          whereas the fardbeyan was recorded at Halsi Thana, District

          Lakhisarai. This indicates that the prosecution has failed to

          produce the FIR, if any, on the basis of which Alamganj Police

          Station conducted the inquest. The delay in lodging the FIR has

          also not been explained either in the FIR or in the deposition of

          the informant. Thus, PW-1 and PW-2 appear to be hearsay

          witnesses. PW-3, also a co-villager, reached the place of

          occurrence after hearing the alarm and stated in cross-

          examination that he saw the deceased in an injured condition

          but did not see any of the accused persons there, as they had

          already fled. Hence, PW-3 also does not support the prosecution

          case as an eye-witness. PW-4, the alleged eye-witness and

          brother of the deceased, has identified all the accused persons

          and stated in his examination-in-chief that the present

          appellants assaulted the deceased with a bhala. However, PW-

          5, another co-villager, deposed that he reached the place of

          occurrence first and stated in cross-examination that PW-4

          arrived there after about 10 minutes. PW-5 also stated that on

          the same day there was a dispute between the deceased and one

          Saryug Sah regarding a loan, but Saryug Sah has not been made

          an accused in this case. A conjoint reading of the evidence of
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          PW-4 and PW-5 reveals sharp contradictions. The prosecution

          has not declared PW-5 hostile; therefore, his evidence remains

          on record and must be considered. PW-6, a relative of the

          deceased, has merely stated that Umesh Yadav is his brother-in-

          law (sadhu) and that he accompanied the injured to Patna. PW-7

          is an advocate’s clerk through whom the FIR has been marked

          as Exhibit-1.

                       21. It is indeed an unfortunate situation that the

          prosecution has failed to examine the Investigating Officer as

          well as the doctor, which is a serious lapse in the present

          appeal. The post-mortem report has also not been exhibited.

          Furthermore, the person who recorded the fardbeyan has not

          been examined. These are not minor irregularities but

          substantial lacunae in the prosecution case.

                       22. In Pankaj v. State of Rajasthan, reported in

          (2016) 16 SCC 192, the Hon’ble Supreme Court held that

          when the genesis and manner of the incident itself are

          doubtful, conviction cannot be sustained. The Hon'ble

          Supreme Court in paragraph no. 25 of the aforesaid judgement

          has held as under:

                                     “25.      It    is   a   well-settled
                         principle of law that when the genesis
                         and the manner of the incident is
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                         doubtful,      the     accused       cannot   be
                         convicted. Inasmuch as the prosecution
                         has failed to establish the circumstances
                         in which the appellant was alleged to
                         have fired at the deceased, the entire
                         story deserves to be rejected. When the
                         evidence produced by the prosecution has
                         neither quality nor credibility, it would be
                         unsafe to rest conviction upon such
                         evidence. After having considered the
                         matter thoughtfully, we find that the
                         evidence on record in the case is not
                         sufficient to bring home the guilt of the
                         appellant. In such circumstances, the
                         appellant is entitled to the benefit of
                         doubt.”



                        Here in the present case, in the absence of the

          testimony of the Investigating Officer, the defence has been

          deprived of the opportunity to confront the prosecution with

          contradictions and omissions in the statements of witnesses

          recorded. Similarly, non-examination of the doctor and non-

          production of the post-mortem report deprive the Court of

          reliable medical evidence regarding the nature of injuries, cause

          of death, and the manner in which the injuries were inflicted.

          These lapses are not mere procedural irregularities but go to the
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          root of the matter. Further, the contradictions in the statements

          of the prosecution witnesses, coupled with the absence of

          medical and investigative evidence, substantially weaken the

          prosecution case. Taken together, these deficiencies create

          serious doubt about the prosecution version and render it unsafe

          to sustain the conviction solely on such infirm evidence.

                       23. In Munna Lal v. State of U.P., reported in

          (2023) 18 SCC 661, the Hon’ble Supreme Court ruled that the

          failure to seize the weapon of offence dents the prosecution

          story, leading to the benefit of doubt for the accused. The

          relevant paragraph of the judgment is reproduced below:

                                     “40. In the facts of the present
                         case, particularly conspicuous gaps in the
                         prosecution case and the evidence of PW
                         2 and PW 3 not being wholly reliable, this
                         Court holds the present case as one where
                         examination of the investigating officer
                         was vital since he could have adduced the
                         expected evidence. His non-examination
                         creates a material lacuna in the effort of
                         the prosecution to nail the appellants,
                         thereby creating reasonable doubt in the
                         prosecution case.”



                       In the present case, the non-examination of the
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          Investigating Officer as well as the doctor, coupled with the

          non-exhibition of the post-mortem report, creates a material

          lacuna in the prosecution case. These omissions strike at the

          very root of the prosecution story and significantly impair its

          ability to establish the manner of occurrence, the cause of

          death, and the nexus between the alleged acts of the appellants

          and the injuries sustained by the deceased. Such deficiencies do

          not merely amount to procedural irregularities but go to the

          core of the matter, thereby seriously prejudicing the case of the

          prosecution.

                       24. Hence, in light of the discussions made

          hereinabove and upon applying the principles laid down by the

          Hon’ble Supreme Court of India in the decisions referred to

          earlier, we are of the considered and firm view that the

          prosecution has failed to prove the guilt of the appellants

          beyond all reasonable doubt. Accordingly, the appellants are

          entitled to the benefit of doubt.

                       25. In result, the judgment of conviction dated

          16.05.2018 and the order of sentence dated 22.05.2018 passed

          by the learned ADJ-cum- Fast Tract Court No.I, Lakhisarai in

          Sessions Trial No. 436 of 1996 arising out of Halsi P.S. Case

          No. 47 of 1993, are perverse and are hereby set aside.
             Patna High Court CR. APP (DB) No.802 of 2018 dt. 18-03-2026
                                                        20/20




                                     26. In result, the appeals above-mentioned are

                       hereby allowed.

                                     27. The appellants are acquitted of all charges.

                                     28. The appellants shall be released forthwith, if

                       their presence is not required in any other case.




                                                                       (Dr. Anshuman, J)

                      Bibek Chaudhuri, J              : I agree.

Ashwini/-
                                                                       ( Bibek Chaudhuri, J)
AFR/NAFR
CAV DATE                25.02.2026
Uploading Date          19/03/2026
Transmission Date       19/03/2026


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