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Patna High Court

Kranti Sharma and AnrversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The convictions are set aside due to insufficient evidence, and the appellants are discharged.

Summary

Kranti Sharma and Ravi Sharma were arrested on 30 November 2012 after a police raid that recovered detonators, cartridges, and firearms, leading to their conviction under Sections 25(1-AA), 26(i), 26(ii) and 35 of the Arms Act and a ten‑year rigorous imprisonment sentence. The appellants challenged the conviction on the ground that the prosecution’s case relied solely on police witnesses, none of whom were independent, and that crucial seized articles and forensic reports were never produced before the trial court. The High Court observed that the prosecution failed to meet the stringent standard of proof beyond reasonable doubt, noting the absence of independent testimony and the non‑production of seized items and expert reports. Consequently, the court set aside the conviction, discharged the appellants, and allowed the appeal. The decision underscores the necessity of reliable, independent evidence and full disclosure of material seized in arms cases.

Issues considered

  • The adequacy of police witnesses, who are interested parties, to sustain a conviction without any independent testimony.
  • Whether the failure to produce seized articles and forensic reports (Sargent Major, FSL) defeats the prosecution’s burden of proving guilt beyond reasonable doubt.
  • Whether the standard of proof required in criminal cases was satisfied in the present prosecution.

Legislation cited

  • Arms Act — s. 25(1-AA), 26(i), 26(ii), 35

Subjects

  • Arms Act
  • illegal arms seizure
  • police witnesses
  • independent evidence
  • reasonable doubt
  • burden of proof
  • criminal appeal
  • conviction set aside

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.170 of 2016
        Arising Out of PS. Case No.-217 Year-2012 Thana- KASIMBAZAR District- Munger
     ======================================================
1.    Kranti Sharma S/o Late Mahabir Prasad Sharma
2.   Ravi Sharma, S/o Badal Sharma Both are resident of Village- Bicha Gaon,
     P.S.- Kasim Bazar, Distt- Munger.

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

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellants     :        Mr. Kumar Kamal Nayan, Advocate
     For the State          :        Mr. Bipin Kumar, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
     ORAL JUDGMENT
      Date : 05-05-2026

                   Heard learned counsel appearing for the appellants

      and learned Additional Public Prosecutors appearing for the

      State.

                   2. This appeal has been filed challenging the

      judgment of conviction dated 22.02.2016 and order of sentence

      25.02.2016 passed by the learned Additional Sessions Judge-5 th,

      Munger in connection with Sessions Trial No. 138 of 2013

      arising out of Kasim Bazar P.S. Case No. 217 of 2012 whereby

      and whereunder these three appellants have been convicted for

      committing offence under Sections 25(1-AA), 26(i), 26(ii) and

      35 of the Arms Act and have been sentenced to undergo rigorous

      imprisonment for ten years with a fine of Rs. 5,000/- each under
Patna High Court CR. APP (SJ) No.170 of 2016 dt.05-05-2026
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         Section 25(1-AA) of the Arms Act, to undergo rigorous

         imprisonment for seven years with a fine of Rs. 5,000/- each

         under Section 26(i) of the Arms Act and to undergo rigorous

         imprisonment for ten years with a fine of Rs. 5,000/- each under

         Section 26(ii) of the Arms Act. All sentences have been directed

         to run concurrently and in case of default of payment of fine,

         appellants are directed to further undergo simple imprisonment

         for 45 days.

                      3. The prosecution story, in brief, is that on

         30.11.2012, on the basis of secret information that Appellant

         No. 2, namely Ravi Sharma, is engaged in supplying illegal

         arms and ammunition to Naxalites, a raid was conducted and

         these two appellants were apprehended while they were trying

         to flee away and from their house, 35 detonators and live

         cartridges of AK-47, country made pistol, semi-made revolver

         and parts of fire arms were recovered.

                      4. In this case, in order to bring home guilt of these

         accused-appellants, the prosecution has examined altogether

         nine witnesses. P.W. 1, namely Arun Kumar; P.W. 2, namely

         Safdar Ali; P.W. 3, namely Shankar Prasad Tuddu; P.W. 4,

         namely Ganesh Kumar; P.W. 6, namely Sudarshan Prasad and

         P.W. 8, namely Shiv Murat Singh are members of the raiding
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         team. P.W. 5, namely Mukesh Kumar, is the informant of the

         present case. P.W. 7, namely Rambalak Paswan, is Investigating

         Officer of the case. P.W. 9, namely Awadh Kishore Prasad, who

         is a formal witness and has proved the sanction report. The

         prosecution has also adduced documentary evidences, which are

         marked as:-

         Exhibit 1/1             Signature upon seizure list
         Exhibit 2               Seizure list
         Exhibit 3               Written report
         Exhibit 3/1             Endorsement
         Exhibit 4               Formal F.I.R.
         Exhibit 5               Memo of Arrest
         Exhibit 6               Sanction Report



                       5. On the other hand, the defence has not produced

         any oral or documentary evidence.

                       6. After hearing the parties, the learned trial court

         convicted these appellants and sentenced them, as indicated in

         the opening paragraph of this order.

                       7. Learned counsel appearing for the appellants assails

         the order of conviction and sentence on multiple grounds. He

         contends that in this case, conviction is solely based on

         interested police witnesses. All the prosecution witnesses are

         police officials. P.W. 1, 2, 3, 4, 6 and 8 are members of the

         raiding party. P.W. 5 is informant of the present case and is a

         police official. P.W. 9 is also a police official and has proved
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         sanction report. Seizure list witnesses are also police constables.

         One of the seizure list witnesses, namely Madan Singh, has not

         been examined by the prosecution. Perusal of testimony of the

         witnesses would suggest that a large number of independent

         witnesses were present at the place of seizure, however, they

         have all been withheld by the prosecution and no independent

         witnesses have been examined on behalf of the prosecution to

         prove the case. In absence of testimony of independent witness,

         the testimony of related and highly interested witnesses cannot

         be relied upon. It is further contended that deposition of the

         prosecution witnesses suffers from serious infirmity and,

         therefore, they are unreliable and not trustworthy. The witnesses

         are not consistent about the place of occurrence and the manner

         in which the seizure was effected and the recovery was made.

         Even the seizure was not carried down in accordance with the

         law and procedure laid down. He further contends that even the

         Sargent Major has not been examined on behalf of the

         prosecution. He further contends that as a matter of fact, only

         semi-prepared parts of the revolver were recovered from the

         room of the house. No manufacturing equipment was found or

         seized by the police. Prosecution has failed to produce report of

         Sargent Major or the F.S.L. report and even the seized articles
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         have not been produced before the learned Trial Court which

         goes to the root of the prosecution case. He further submits that

         in this case, investigation of the case has already commenced

         much prior to institution of the F.I.R.. Thus, without producing

         the report of the Sargent Major or the F.S.L. and even without

         producing the seized articles before the learned Trial Court and

         in absence of any independent witness, the conviction of the

         appellants is unsustainable. The prosecution has failed to prove

         the case beyond reasonable doubts and the trial court has

         wrongfully convicted these appellants ignoring material

         contradictions and hence, the appellants are fit to be acquitted.

                      8. Per contra, learned Additional Public Prosecutor

         for the State submits that the evidence on record unmistakably

         points to the guilt of the appellants. The prosecution could prove

         that it was these appellants who were involved in supplying

         illegal arms and ammunition. Charges against the appellants was

         proved by the prosecution witnesses beyond all reasonable

         doubt and, therefore, the learned Trial Court was fully justified

         in convicting the appellants under Sections 25(1-AA), 26(i),

         26(ii) and 35 of the Arms Act and imposing the sentence, as

         indicated above.

                      9. On going through the rival submissions, evidences
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         and upon perusal of the records, this Court finds that in this

         case, all the prosecution witnesses are police officials and are

         highly interested witnesses. Prosecution has failed to examine

         any independent witness. Moreover, the prosecution has not

         produced the seized articles before the learned Trial Court and

         has also failed to bring on record report of the Sargent Major or

         the F.S.L. report.

                      10. It is settled law that in criminal cases, since life

         and liberty of the accused are involved, a strict standard of proof

         is required as to prove the guilt of the accused. It is not the

         preponderance of the probabilities that establishes the guilt of

         the accused. It is necessary that the evidence on record must

         prove it beyond reasonable doubt. A conviction cannot be based

         on the consideration that the prosecution story may be true. The

         accused can only be convicted if the court reaches the

         conclusion that the prosecution story must be proved. The

         burden of proving the guilt of the accused is upon the

         prosecution. In this case, the prosecution has failed to prove the

         guilt of these appellants beyond reasonable doubt and thus, the

         appellants are entitled to be given the benefit of doubt.

                      11.     Accordingly,         the       impugned   judgment   of

         conviction dated 22.02.2016 and order of sentence 25.02.2016
             Patna High Court CR. APP (SJ) No.170 of 2016 dt.05-05-2026
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                      passed by the learned 5th Additional Sessions Judge, Munger in

                      connection with Sessions Trial No. 138 of 2013 arising out of

                      Kasim Bazar P.S. Case No. 217 of 2012 are hereby set aside

                      with respect to these appellants only.

                                   12.      In that view of the matter, appellants, above

                      named, are discharged from the liability of their bail bonds in

                      connection with this case.

                                   13. Accordingly, this appeal stands allowed.

                                   14. Interlocutory application/s, if any, also stands

                      disposed off.




                                              (Prabhat Kumar Singh, J)
shashank/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          13.05.2026
Transmission Date       13.05.2026


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