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Patna High Court

MANOJ PRASADversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The appeal is allowed; the conviction under Section 307 IPC is set aside and the appellant is acquitted.

Summary

Manoj Prasad was convicted by the Sessions Court for offences under Section 307 IPC for allegedly stabbing his brother Rajeshwar Prasad and his wife during a family dispute over partition. The prosecution relied on the statements of two eye‑witnesses (the injured husband and wife) and several hostile or hearsay witnesses, while medical evidence showed only simple stab injuries to the husband and a blunt‑force injury to the wife. The High Court found the eye‑witness testimonies inconsistent, uncorroborated, and of doubtful reliability, and noted the absence of any forensic proof such as blood traces or the weapon. Applying the principle that conviction must be beyond reasonable doubt, the Court held that the prosecution failed to meet this standard and that the benefit of doubt must be given to the appellant. Consequently, the conviction and sentence were set aside and the appellant was acquitted.

Issues considered

  • Whether the prosecution evidence established the appellant’s guilt beyond reasonable doubt for the offence under Section 307 IPC.
  • Whether the eye‑witness testimonies of the injured parties were reliable and sufficiently corroborated.
  • Whether the medical evidence contradicted the prosecution’s claim of multiple stab injuries.
  • Whether the benefit of doubt principle mandates acquittal in the absence of reliable proof.

Legislation cited

Subjects

  • attempt to murder
  • IPC 307
  • evidentiary reliability
  • eye‑witness testimony
  • medical evidence
  • benefit of doubt
  • criminal appeal
  • family partition dispute

Judgment

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (SJ) No.223 of 2022
Arising Out of PS. Case No.-129 Year-2014 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
MANOJ PRASAD Son of Rajeshwar Prasad Resident of Village - Paiya, P.s.-
Sonhan, Distt.- Kaimur at Bhabhua.

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

                                          ... ... Respondent/s
======================================================
Appearance :
For the Appellant/s    :        Mr.Digvijay Kumar Ojha
For the Respondent/s   :        Mr.Zeyaul Hoda
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

JUDGMENT AND ORDER
       C.A.V.

 Date : 12-05-2026

            The present appeal has been filed against the judgment

of conviction, dated 13.12.2021, and the order of sentence, dated

15.12.2021, passed, in Sessions Trial No. 447 of 2014, in

connection with Bhabhua Police Station Case No.129 of 2014, by

learned Additional Sessions Judge-XI, Kaimur, at Bhabhua,

whereby the appellant has been convicted for the offences

punishable under Section 307 of the Indian Penal Code and was

sentenced to undergo rigorous imprisonment for seven years and

fine of Rs. 20,000 and, in default in payment of fine, to undergo

further simple imprisonment for six months.

            2. The prosecution story, in brief, is that, the informant,

Rajeshwar Prasad, in his fardbayan recorded by Sub Inspector of
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       Police Mithilesh Kumar of Bhabhua Police Station, in the

       Emergency Ward of Sadar Hospital, Bhabua, stated that on

       25.03.2014, at 6:00 PM, he was sitting in his room with his wife

       Aarti Devi. The informant's brother, Manoj Prasad, his wife, Soni

       Devi and his father, Kameshwar Prasad, was also sitting nearby. At

       that very moment, accused Soni Devi started abusing wife of the

       informant, Aarti Devi, for partition. When the informant objected,

       appellant Manoj Prasad also started abusing. When the informant

       objected, his father, Kameshwar Prasad, started abusing him and

       ordered to kill them. Upon this, the informant's brother, Manoj

       Prasad, stabbed the informant in the chest by means of knife. The

       informant staggered and fell down. After this, the appellant

       stabbed him four or five times in the chest. Meanwhile, accused

       Soni Devi started beating Aarti Devi with a stick. Seeing the

       informant fell, his wife, Aarti Devi, came in his rescue, but Aarti

       Devi was also stabbed and injured. The informant and his wife fell

       down at the spot. Thinking them dead, accused persons fled away

       from the place of occurrence.

                     3. Based on the above fardbayan given by the informant

       on 25.03.2014 in connection with the above incident, Bhabhua

       Police Station Case No.129 of 2014 was registered against three

       accused persons, namely, Manoj Prasad, Soni Devi, and
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       Kameshwar Prasad, under Sections 341/324/307/34 of the Indian

       Penal Code.

                     4. After registration of the First Information Report, the

       investigation commenced and after completion of investigation,

       charge sheet No. 57/2014, dated 30.09.2014, was submitted

       against all three accused under Sections 341/323/324/504/307/34

       of the Indian Penal Code.

                     5. On 17.11.2014, the learned Chief Judicial Magistrate,

       Kaimur, at Bhabhua, took cognizance of the offences on

       17.11.2014, under Sections 341/323/324/504/307/34 of the Indian

       Penal Code against all the three accused persons and the case was

       committed to the Court of Sessions on 11.12.2014.

                     6. Further, charges were framed on 19.01.2015 for the

       offences punishable under Sections 341, 504, 307 and 34 of the

       Indian Penal Code against the accused.                The accused persons

       denied the charges, pleaded not guilty and claimed to be tried.

                     7. The prosecution in order to substantiate its case, has

       examined as many as eight witnesses and exhibited some

       documents on its behalf. List of prosecution witnesses and exhibits

       are being mentioned herein under:-

                     List of Prosecution Witnesses :

            Prosecution            Name of witness              Description
            witness no.
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                  1.            Aarti Devi                   eye witness/injured
                  2.            Harihar Paswan               Hostile witness
                  3.            Sitaram Singh                Hearsay Witness
                  4.            Rajeshwar Prasad             Informant/eye-witness
                                                             and injured
                  5.            Ajay Kumar Paswan            Investigating Officer
                  6.            Nepali Prasad                Hostile Witness
                  7.            Sachidanand Pandey           Formal witness
                  8.            Dr. Ajay Pratap              Doctor

        List of Exhibits on behalf of the prosecution :

            Exhibit No.             Description of the            Date/proved by
                                         Exhibit
                   1            Fardbeyan                       07.09.2015
                   2            Formal F.I.R                    03.10.2015
                   3            Signature of Dr. Ajay           05.02.2020
                                Pratap on injury report
                                of Rajeshwar Prasad
                  3/1           Signature of Dr. Ajay           05.02.2020
                                Pratap on supplementary
                                injury     report       of
                                Rajeshwar Prasad
                  3/2           Signature of Dr. Ajay           05.02.2020
                                Pratap on injury report
                                of Aarti Devi
                   4            Injury     Report       of      15.02.2021
                                Rajeshwar Prasad
                  4/1           Supplementary       injury      15.02.2021
                                report of Rajeshwar
                                Prasad
                  4/2           Injury Report of Aarti          15.02.2021
                                Devi
                   1            Fardbeyan                       07.09.2015


                    8. The prosecution evidence was closed on 15.02.2021.

       Thereafter, the statement of the accused persons were recorded

       under section 313 (1) (b) of the Code of Criminal Procedure, 1973
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       on 03.10.2019, in which they denied all the incriminating evidence

       brought against them.

                    9. The defence did not adduce any witness on its behalf,

       but has brought on record two documents, which were exhibited

       during the trial. List of documents exhibited on behalf of the

       defence are being mentioned hereunder:-

                    List of exhibits on behalf of the defence :

        Exhibit No.               Description                Date

        A                         C.C. of Summon order 12.02.2020
                                  passed in Complaint
                                  Case No.337/2014
        A/1                       C.C. of Complaint 12.02.2020
                                  Case No.337/2014

                     10. Learned Counsel for the appellant submits that the

       appellant and the informant are full brothers and there was

       admitted family dispute with regard to partition of the house/land.

       He further submits that there was no premeditated mind and just in

       spur of the moment, the scuffle took place between the parties

       while all of them were sitting in the same place. He further submits

       that there was case and counter case between the parties inasmuch

       as the accused Soni Devi has filed Complaint Case No. 337 of

       2014 for the same occurrence, allegedly took place in the house of

       the informant on 25.03.2014, against the informant, his wife and

       others. He further submits that there is allegation in the First
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       Information Report that the appellant assaulted the wife of the

       informant by means of knife and lathi, but the doctor has found the

       injury sustained by the wife of the informant caused by hard and

       blunt substance. He next submits that the informant and his wife

       have sustained simple injuries. There was no repetition of knife

       blows.

                     11. On the other hand, learned Additional Public

       Prosecutor submits that the deposition of the eye-witnesses/injured

       to the occurrence are consistence and the learned Trial Court has

       rightly convicted the appellant and acquitted two other accused

       persons and there is no illegality in the impugned judgment of

       conviction, warranting any interference of this Court. The appeal,

       being devoid of any merit, is fit to be dismissed.

                    12. I have heard learned Counsel for the parties and have

        perused the materials available on record.

                    13. It would be apposite to discuss the oral/documentary

        evidence as available on record to re-appreciate the evidence for

        just and proper decision of the present appeal.

                    14. Considering the nature of allegation levelled in the

        fir and has emerged during trial of the case, I would like to first

        deal with the medical evidence of the doctor (PW 8).
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                    15. PW 8 is Dr. Ajay Pratap. This witness, in his

        examination-in-chief, has stated that 25.03.2014, at 8:40 PM, he

        has examined Rajeshwar Prasad, about 35 years old, and found the

        following injuries on his body:

                                    “(i) Stab injury over left chest over mid
                        clavicular line at the level of nipple about size 1" x
                        1/2" x cavity deep, red in colour;
                                    (ii) Stab injury over left chest at the level of
                        mid axillary line at the level of left nipple about size
                        1" x 1/2" x cavity deep, red in colour; and
                                    (iii) Stab injury over left chest at the level of
                        mid axillary line at the level of eight rib about size 1"
                        x 1/2" x cavity deep, red in colour.”

                    16. The doctor has opined that the injuries were caused

        by sharp and pointed weapon and are simple in nature.

                    17. This witness has further deposed that on the same

        day at 8:45 PM, he examined injured Aarti Devi, aged about 32

        years, and found the following injuries:-

                                    “(i) Lacerated wound over dorsal aspect of

                        right hand about 1" x 1/2", red in colour with irregular

                        margin.”

                    18. The doctor (PW 8) has found the injury of injured

        Aarti Devi simple in nature, caused by hard and blunt substance.
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                    19. In the cross-examination, this witness (PW 8) has

        deposed that he had not taken the signature of the injured on the

        injury reports. This witness has also not mentioned about the

        bleeding from the wound at the time when the injured were

        brought before him in the injury reports. He further deposed that

        the injuries caused to the injured/informant may be caused by

        falling on a pointed article. This witness has further admitted that

        the injury of Aarti Devi could not have been caused by falling;

        rather, the same may be caused if any heavy object fell upon her.

                    20. The findings of the doctor and his opinion, with

        regard to the injuries have not been in dispute at the trial. I, too, do

        not notice anything inherently improbable or incorrect in the

        findings of the doctor or his opinion, with regard to the cause of

        injuries given by him.

                    21. In the circumstances mentioned above, the main

        question for determination before this Court is as to whether the

        appellant is the person who was instrumental for causing injuries

        to the informant and his wife.

                    22. Now, coming to the rest of the prosecution witnesses,

        I would like to mention here that out of the rest seven prosecution

        witnesses, PW 2 (Harihar Paswan) and PW 6 (Nepali Prasad) have

        been declared hostile at the instance of the prosecution, PW 3
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        Sitaram Singh) is a hearsay witness, PW 7 (Sacchidanand Pandey)

        is a formal witness, who has proved the signatures of PW 8 on the

        injury reports/supplementary injury report and PW 5 (Ajay Kumar

        Poaswan) is the Investigating Officer of this case. PW 1 (Aarti

        Devi and PW 4 (Rajeshwar Prasad), the informant, are the only

        eye-witnesses to the occurrence.

                    23. PW 2 (Harihar Paswan) in his examination-in-chief

        has deposed that while he was coming after working and reached

        near the nahar, the villagers told him that there was a scuffle

        between Rajeshwar and the appellant. After hearing this, he went

        to his house. He further deposed that he knew nothing about the

        occurrence. This witness (PW 2) was declared hostile.

                    24. In his cross-examination by the prosecution, this

        witness (PW 2) has deposed that the police has enquired from him

        and he had not seen the scuffle. He further deposed that he heard

        about the scuffle and also heard that Rajeshwar Prasad and Aarti

        Devi have got injuries and had gone to Banaras for treatment.

                    25. This witness (PW 2) has denied that he had disclosed

        before the police that when he went to the house of Rajeshwar

        Prasad, he saw Rajeshwar Prasad and Aarti Devi in badly injured

        conditions. He further denied that the appellant, his wife and

        father had caused injuries to Rajeshwar Prasad and Aarti Devi.
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                    26. In the cross-examination by the defence, this witness

        (PW 2) has deposed that he had not seen the occurrence.

                    27. PW 6 (Nepali Prasad), in his examination-in-chief,

        has deposed that he knew nothing about the occurrence and the

        police had not taken his statement. This witness (PW 6) was

        declared hostile.

                    28. In his cross-examination by the prosecution, this

        witness (PW 6) has deposed that he had not stated before the

        police that on 25.08.2014 at about 6 PM in the evening, he was at

        his house and saw that there was a scuffle going on in between the

        informant and the appellant and when he went there, he saw that

        the appellant, Soni Devi and Kameshwar Prasad, all variously

        armed with lathi, danda, knife, were abusing and assaulting

        Rajeshwar Prasad (informant) and Aarti Devi.

                    29. In the cross-examination by the defence, this witness

        (PW 6) has deposed that he did not see the incident with his own

        eyes.

                    30. PW 3 (Sita Ram Singh), in his examination-in-chief,

        has deposed that about 1½ years ago at 6 PM, while he was on his

        terrace, he heard a commotion coming from Rajeshwar's house

        and he went there and saw many people had gathered there.

        Rajeshwar, along with his brother, Ramta, was there and
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        Rajeshwar had three stab wounds around his chest. Everyone there

        was saying that the appellant had stabbed him. Rajeshwar and his

        family were never asked who stabbed him. Rajeshwar was lying

        on the ground. His wife was crying there, saying that the applelant

        had stabbed him.

                    31. In the cross-examination, this witness (PW 3) has

        deposed that Rajeshwar was wearing a shirt at the time of

        occurrence and his wife was wearing a blouse and a saree. There

        was a minor property dispute between the two brothers.

                    32. PW 5 (Ajay Kumar Paswan) is the Investigating

        Officer of this case. He, in the examination-in-chief, has deposed

        that on 25.03.20214, he was posted in the Sonhan Police Station

        as Sub-Inspector of Police. He deposed that the alleged occurrence

        took place in the courtyard and he recorded the statements of

        witnesses, namely, Aarti Devi, Harihar Paswan, Sita Ram Singh,

        Ajay Sharma, and Nepali Chandravanshi. He also procured the

        injury reports of the injured persons. Based on the statements of

        the witnesses, supervision notes, and the instructions of senior

        officer, he found the occurrence to be true against the three

        accused persons and submitted charge sheet accordingly.

                    33. In his cross-examination, PW 5 has deposed that he

        recorded the restatement of the informant at Sadar Hospital,
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        Bhabhua. He visited the place of occurrence on the day of the

        occurrence, but he did not see any blood at the place of

        occurrence. This witness has also not inspected the cloth of the

        informant (PW 4).

                    34. Now, coming to the evidence of the two eye-

        witnesses of the occurrence, I would first deal with the evidence

        of PW 1, the wife of the informant (PW 4) and one of the injured

        also.

                    35. PW 1 (Aarti Devi) has deposed, in her examination-

        in-chief, that while she was in the house, her husband, Rajeshwar

        Prasad, her brother-in-law Manoj Prasad (the appellant), her

        father-in-law Kameshwar Prasad and the wife of the appellant,

        Soni Devi, were also there. This witness and accused Soni Devi

        was in the house while her husband, father-in-law and the

        appellant were in the courtyard of the house. The accused Soni

        Devi started abusing this witness. When Soni Devi started abusing

        me regarding partition, this witness came into the house from the

        courtyard. Her father-in-law Kameshwar started beating me by

        hand and danda. When the husband of this witness came to the

        aangan, the appellant inflicted three knife blows. When this

        witness tried to save her husband, the appellant stabbed her too,

        due to which she started screaming. From Sonhan Police Station,
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        they were brought to Sadar Hospital, Bhabua. The husband of this

        witness was treated for ten days. Her husband was referred to

        Banaras on the same day. This witness was treated at Sadar

        Hospital, Bhabhua. The husband of this witness returned home

        from B.H.U., Banaras, after ten days of treatment.

                    36. In her cross-examination, this witness (PW 1) has

        deposed that all four brothers of her husband lived in the same

        courtyard and there is no partition of the house among themselves.

                    37. This witness (PW 1) has further deposed that her

        husband was wearing a kurta and full-sleeved jacket at the time

        and that kurta is in the hospital. This witness has further deposed

        that she also sustained injury near the wrist of right hand. This

        witness further denied that she did not receive injury by assault;

        rather the injury was caused by bangles. Except this injury, this

        witness has not sustained any other injury. This witness (PW 1)

        has further deposed that she did not know that the appellant had

        lodged any case against them. This witness has deposed that it is

        false that we entered into the room of the accused persons and

        committed theft and to save from that case, this false case has

        been lodged.

                    38. This witness (PW 1) has deposed that blood had

        fallen in the aangan where the scuffle had taken place. They went
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        to Banaras for treatment. This witness met with the police in the

        Bhabhua hospital. The police had not come in the aangan of the

        house in presence of this witness because they had gone to

        Bhabhua hospital.

                    39. Now, coming to the deposition of PW 4 (Rajeshwar

        Prasad), who is the informant of this case and the injured also.

        This witness (PW 4), in his examination-in-chief, has deposed that

        on 25.03.2014 at 6 PM, he and his wife (PW 1) was in his house

        and no one else was there. At that time, accused Soni Devi, who is

        the wife of the appellant, started abusing for partition and when

        the wife of this witness objected her from abusing, the appellant

        also started abusing. When this witness forbade to abuse, the

        father of this witness, Kameshwar Prasad, told the appellant to

        beat him. After that, the appellant brought a knife and stabbed him

        in the chest. When his wife came in his rescue, Soni Devi also

        beat her with danda, due to which she sustained injury in her hand.

        The appellant also inflicted a knife blow on the hand of the wife

        of this witness. This witness fell down at the spot, then the

        villagers took him and his wife to Bhabhua Hospital, where they

        were treated. The police came to Bhabhua Hospital, where the

        statement of this witness was recorded. The police read the

        statement over to him and on finding it correct, he put his
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        signature on it. This witness also deposed that the doctors at

        Bhabhua Hospital has referred this witness to B.H.U., where he

        was admitted in the Emergency.

                    40. In cross-examination, this witness (PW 4) has

        deposed that there was a case for the partition and the partition has

        still not taken place. He denied that the brothers have divided the

        property among themselves and the father had not been given any

        share. The father of this witness lives with the brothers of this

        witness, namely, Kamta and the appellant.

                    41. This witness (PW 4) has further deposed that the

        blood had fallen at the place of occurrence and since he remained

        hospitalized for 10 days after the incident, he did not show the

        place of occurrence to the police. The police came to his house on

        the next day when he was not in his house. The neighbours of this

        witness had not come at the time of occurrence; rather, they came

        after the occurrence, to whom this witness had shown the injuries.

        This witness has shown his injuries to Ashok Prasad (not

        examined), Ramta Prasad (not examined) and 2-4 persons of the

        village.

                    42. This witness (PW 4) has denied that no occurrence

        of stabbing of assault had taken place and for pressurizing for

        partition, this false case has been lodged.
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                    43. This witness (PW 4), in the last, has deposed that he

        is satisfied with the partition which has taken place.

                    44. From the depositions of PW 2, PW 3 and PW 6, it is

        very much clear that they have not seen the occurrence. This fact

        also finds strength from the deposition of the informant (PW 4)

        that at the time of occurrence, no villager had come and the

        villagers came only after the incident had taken place. PW 3 has

        deposed to the extent that the informant has sustained injuries

        from knife, but he had not disclosed the source of information he

        got that the informant was assaulted by means of knife.

                    45. It is the consistent depositions of the two eye-

        witnesses to the occurrence, i.e. PW 1 and PW 2, that blood had

        fallen at the place where scuffle had taken place, but the

        Investigating Officer (PW 5) has not found any trail of blood in

        the house of the informant (PW 4) while he inspected the place of

        occurrence. The Investigating Officer (PW 5) has also not

        recovered the weapon (knife) by which assault has been made.

        The exact place of occurrence has also not been disclosed by the

        prosecution witnesses.

                    46. It is the further case of the prosecution in the First

        Information Report that the appellant had stabbed the knife upon

        the informant (PW 4) 5-6 times and the appellant also inflicted
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        one knife blow on the wife of the informant (PW 1), apart from

        the assault made by the wife of the appellant upon the wife of the

        informant by danda and hands. The doctor (PW 8) has also opined

        in his cross-examination that the injuries sustained by the

        informant (PW 4) may happen if he falls on a pointed substance.

        The informant (PW 4) has not deposed any repetition of knife

        blows upon him. As such, from the evidence of eye-witnesses to

        the occurrence, it cannot be safely said that the actual manner of

        occurrence has been disclosed by the prosecution witnesses.

                    47. In the face of the medical evidence on record, there

        can be no escape from the conclusion that the informant (PW 4)

        sustained only three stab injuries and that too, simple in nature,

        and the wife of the informant (PW 1) did not sustain any knife

        injury and the only one injury sustained by the wife of the

        informant (PW 1) is caused by hard and blunt substance and is

        also simple in nature.

                    48. In the face of the evidence of PW 1 and PW 4 and

        also in the face of the medical evidence on record, discussed

        above, there can be no escape from the conclusion that the

        description of the occurrence, given by PW 1 and PW 4, is not

        safe to place reliance upon inasmuch as the evidence of these

        witnesses are nothing, but ad-mixture of half-truth and untruth.
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        This apart, the half-truth and untruth are so inextricably mixed

        with each other that it is impossible to disengage the truth from

        falsehoold.

                    49. It is also the admitted case of the prosecution that

        there was dispute over partition of the house.

                    50. Considering the fact that there was, admittedly,

        enmity between the informant, on the one hand, and the appellant,

        on the other hand. Enmity is a double-edged weapon, which cuts

        both the ways. While enmity may be a reason for committing an

        offence, such as, present one, enmity may also be a reason for

        either falsely implicating an enemy as an accused or roping in an

        enemy, who may be innocent.

                    51. In the circumstances indicated above, it was

        impossible to place implicit reliance on the evidence of PW 1 and

        PW 4. In the absence of any other evidence, supporting the

        description of the occurrence given by the eye witnesses, one has

        no option, but to hold that none of these witnesses can be treated

        or held to be wholly reliable. Even if their evidence is not rejected

        by the Court as wholly unreliable, their evidence would fall, at

        best, in the category of those witnesses, who are neither wholly

        reliable nor wholly unreliable.
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                    52. It is trite that the witnesses, ordinarily, fall into three

        distinct categories, namely, (i) wholly reliable, (ii) wholly

        unreliable and (iii) neither wholly reliable nor wholly unreliable.

        If the witness is wholly reliable, his evidence can be implicitly

        relied upon and such a witness’s testimony can be made basis for

        conviction of an accused. Similarly, when a witness is found to be

        wholly unreliable, no reliance can at all be placed on his evidence

        and his evidence has to be rejected outright. When, however, a

        witness is found to be neither wholly reliable, nor wholly

        unreliable, his evidence cannot be accepted as true unless his

        evidence is found to have been corroborated by some credible

        independent evidence, direct or circumstantial.

                    53. The evidence of the eye-witnesses, which the

        prosecution has adduced in the present case, cannot be safely

        relied upon unless the same is found to have been corroborated by

        some credible independent evidence, direct or circumstantial.

                    54. It is also an undisputed position of law that one

        infirm witness cannot be treated to have corroborated the evidence

        of another infirm witness meaning thereby that witnesses of same

        brand cannot be taken to have corroborated each other. Thus,

        when a witness is neither wholly reliable nor wholly unreliable,

        his evidence cannot be taken to have been corroborated by a
Patna High Court CR. APP (SJ) No.223 of 2022 dt.12-05-2026
                                           20/21




        witness of the same brand, namely, a witness, who is neither

        wholly reliable nor wholly unreliable, for, evidence is not to be

        counted, but weighed.

                    55. Situated thus, it is clear that merely because some

        persons, claiming themselves to be eye-witnesses, have given

        evidence describing the occurrence, their evidence cannot be

        made basis for holding them truthful witnesses, when their

        evidence is inconsistent, contradictory and belied by each other’s

        evidence, particularly when their evidence is found to have not

        been corroborated by credible independent evidence, direct or

        circumstantial.

                    56. Because of the nature of evidence, which is available

        on record, the least, which ought to have been done by the learned

        Trial Court, was to accord benefit of reasonable doubt to the

        accused persons inasmuch as I am clearly of the view that in the

        light of the evidence on record, which I have discussed above, it

        was too hazardous to convict the appellant, particularly, when I

        find that the evidence, which the prosecution has adduced, is an ad

        mixture of half-truth and untruth and it is not only difficult, but

        wholly impossible to disengage the truth from the falsehood. The

        benefit of such a situation ought to have been given to the

        appellant.
             Patna High Court CR. APP (SJ) No.223 of 2022 dt.12-05-2026
                                                        21/21




                                 57. In the backdrop of what has been discussed and

                     pointed out above, I am of the considered view that the

                     prosecution has failed, in the present case, to bring home the

                     charges against the appellant beyond reasonable doubt and that the

                     appellant was entitled to be accorded benefit of doubt.

                                 58. In the result, this appeal succeeds. The impugned

                     conviction of the appellant by the judgment, under appeal, and the

                     consequential sentence, passed under the impugned order, are

                     hereby set aside. The appellant is held not guilty of the offence,

                     for which he stood convicted, and is acquitted of the same under

                     benefit of doubt.

                                 59. The appellant is already on bail. The bail bonds of

                     the appellant are hereby cancelled and his sureties shall stand

                     discharged.

                                 60. The Registry is directed to return the Lower Court’s

                     Record forthwith along with a copy of this judgment.




                                                                          (Anil Kumar Sinha, J.)
Prabhakar Anand/-

AFR/NAFR                         AFR
CAV DATE                      27-04-2026
Uploading Date                12-05-2026
Transmission Date             12-05-2026


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