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Patna High Court

Shri Niwas SinghversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed and the conviction under Sections 307, 353 and 149 IPC is set aside due to insufficient and contradictory evidence.

Summary

The appellant, Shri Niwas Singh, was convicted under IPC Sections 307, 353 and 149 for his alleged participation in a firing incident during a police raid on a baraat on 25 September 1997. The prosecution relied mainly on the testimony of police witnesses, some of whom gave contradictory statements, and no forensic or medical evidence was produced. It was admitted that the appellant did not fire any shots and was arrested while fleeing, and the investigating officer and the doctor were not examined. After the appellant’s death, his wife filed interlocutory applications to continue the appeal, which were allowed by the High Court. The Court found the eyewitness evidence unreliable and lacking corroboration, rendering the conviction unsafe. Consequently, the appeal was allowed and the conviction and sentence were set aside.

Issues considered

  • Whether the evidence on record is sufficient to sustain convictions under Sections 307, 353 and 149 of the Indian Penal Code.
  • Whether the appeal can be continued after the death of the appellant.

Legislation cited

Subjects

  • attempt to murder
  • voluntarily causing hurt to deter public servant
  • unlawful assembly
  • evidentiary insufficiency
  • appeal after death
  • conviction set aside

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     CRIMINAL APPEAL (SJ) No.182 of 2016
                        Arising Out of PS. Case No.-26 Year-1997 Thana- DAWATH District- Rohtas
                 ======================================================
                 Shri Niwas Singh S/o Late Indrasan Singh, resident of Village- Tilkapur
                 Mohania, P.S.- Kargahar, District- Rohtas.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant       :        Mr. Navin Kumar Sinha, Advocate
                                                  Mr. Vikalp, Advocate
                 For the State           :        Ms. Anita Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

8   17-03-2026             Heard learned counsel for the appellant and learned A.P.P.

                   for the State.

                           2. The present appeal has been directed against the

                   judgment of conviction and order of sentence dated 29.02.2016

                   passed by the learned Additional Sessions Judge-II, Rohtas in

                   Sessions Trial No. 36 of 1998 arising out of Dawath P.S. Case

                   No. 26 of 1997, whereby the appellant was convicted for the

                   offence punishable under Sections 307, 353 and 149 of the

                   Indian Penal Code and sentenced to undergo rigorous

                   imprisonment for 5 years and a fine of Rs. 5,000/- for

                   committing offence under Sections 307 and 149 of the Indian

                   Penal Code and in default of payment of fine, to further undergo

                   rigorous imprisonment for five months and further to go under
Patna High Court CR. APP (SJ) No.182 of 2016(8) dt.17-03-2026
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          rigorous imprisonment for one year for committing offence

          under Section 353 of the Indian Penal Code.

                  3. At the outset, learned counsel appearing for the

          appellant submits that during pendency of this appeal, on

          13.05.2025, the sole appellant, namely Shri Niwas Singh, died,

          leaving behind his wife, namely Sumitra Devi. After death of

          the appellant, his wife filed I.A. No. 01 of 2025, which was

          disposed of by a Co-ordinate Bench of this Hon’ble Court vide

          order dated 02.12.2025 as not being proper while giving liberty

          to the wife of the deceased appellant to file a fresh interlocutory

          application and thereafter, wife of the deceased appellant filed

          I.A. No. 02 of 2025 with a prayer to grant her leave to continue

          the present appeal and I.A. No. 03 of 2025 for condonation of

          delay in preferring I.A. No. 02 of 2025 and a Co-ordinate Bench

          of this Hon’ble Court, vide order dated 29.01.2026, condoned

          the limitation and both the aforesaid interlocutory applications

          were allowed.

                  4. The prosecution case, in brief, is that on 25.09.1997, on

          a secret information that hardened criminal Chalisa Nonia, Raja

          Ram Nonia and Mathura Nonia, with their gang members, will

          go in a Barat party, the police constituted a raid party and

          reached near Babhnaul More and while they were waiting, a
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          Barat party on three tractors was seen coming towards

          Maliyabagh and when the police indicated to stop the tractors,

          in the meantime, 5 to 6 culprits started firing from the tractor

          and started fleeing away, however, three persons were caught

          who disclosed their names as Mathura Chaudhary, Premchand

          Rama and Shri Niwas Singh (appellant). On search, one loaded

          country made pistol and live cartridges were seized from the

          possession of co-accused Mathura Chaudhary and empty

          cartridges were also seized from the place of occurrence.

                  5. During trial, the prosecution has examined as many as

          six witnesses and P.W. 1 to P.W. 5 are members of the police

          party. P.W. 1 is member of the raiding party and has supported

          the prosecution case. P.W. 2 is also an A.S.I. and has supported

          the prosecution case. P.W. 3, namely Firoz Hussain Ansari, who

          is also a police personnel was present at the place of occurrence,

          however, did not support the prosecution case entirely and the

          trial court has disbelieved his statement. P.W. 4, namely Ram

          Bali Yadav, who is a police personnel and claims to be eye-

          witness of the occurrence but could not identify the accused

          persons because his eye sight was very weak and thus, his

          statement has also been disbelieved by the trial court. P.W. 5 is

          also a police personnel and claims to be eye-witness of the
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          alleged occurrence. P.W. 6 is a village witness and has not

          supported the prosecution case and has been declared hostile.

                  6. It is admitted position, even as per prosecution case,

          that this appellant, late Shri Niwas Singh, had not fired any

          shots rather, he was arrested while fleeing away from the place

          of occurrence. Moreover, in this case, the Investigating Officer

          has not been examined by the prosecution and therefore, this

          Court is bereft of all objective evidence, which would have been

          required to prove the place of occurrence as well as the manner

          of occurrence. The Doctor has also not been examined as a

          result of which, the nature of injury and cause of injury could

          not be ascertained.

                  7. On going through the evidence of P.W. 1, P.W.2 and

          P.W.5, this Court finds material contradictions in their evidence

          with regard to the manner of occurrence and since there is no

          corroborative evidence in regard to the same, this Court finds it

          unsafe to rely on the evidence of the sole eye witnesses.

                  8. In the result, this appeal is allowed and the order of

          conviction dated 29.02.2016 and the sentence passed against the

          appellant, namely late Shri Niwas Singh, by the learned

          Additional Sessions Judge-II, Rohtas in Sessions Trial No. 36 of

          1998 arising out of Dawath P.S. Case No. 26 of 1997 is hereby
             Patna High Court CR. APP (SJ) No.182 of 2016(8) dt.17-03-2026
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                       set aside.



                                              (Prabhat Kumar Singh, J)
shashank/-

U      T


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