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Patna High Court

Jawahir SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The conviction under Section 324 IPC is set aside because the prosecution failed to establish the case beyond reasonable doubt, owing to material contradictions, non‑examination of the investigating officer, and failure to prove the place of occurrence.

Summary

The appellants Jawahir Singh and Chandrama Singh were convicted under Section 324 of the Indian Penal Code for allegedly assaulting a neighbour, Sitaram Singh, over a dispute concerning a public lane. The prosecution relied on the testimony of six eyewitnesses and a medical report, but the witnesses gave contradictory statements about the place of occurrence, the injuries sustained, and the timing of medical treatment. The trial court also failed to examine the investigating officer, a material witness who could have clarified these inconsistencies. The defence argued that the four‑day delay in filing the complaint and the pre‑existing land dispute indicated a false implication. The High Court held that the prosecution had not proved the offence beyond reasonable doubt due to the contradictions, the unexplained delay, and the absence of a reliable account of the place of occurrence. Consequently, the conviction was set aside and the appellants were acquitted, rendering the probation bond void.

Issues considered

  • Whether the prosecution proved the offence under Section 324 IPC beyond reasonable doubt.
  • Whether the non‑examination of the investigating officer vitiated the trial.
  • Whether contradictions in witness testimonies and the delay in filing the complaint affect the credibility of the prosecution case.
  • Whether the place of occurrence was sufficiently established.

Legislation cited

Subjects

  • Section 324 IPC
  • conviction
  • acquittal
  • probation bond
  • investigating officer
  • witness contradictions
  • delay in complaint
  • criminal appeal

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    CRIMINAL APPEAL (SJ) No.480 of 2009
     ======================================================
1.    Jawahir Singh Son of Late Kashi Nath Singh Resident of village- Nayka
     Barka Baiju Tola, PS- Rivilganj, Dist- Saran
2.   Chandrama singh Son of Late Kashi Nath Singh Resident of village- Nayka
     Barka Baiju tola, PS- Rivilganj, Dist- Saran

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

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s      :     Ms. Priya, Amicus Curiae

     For the Respondent/s     :     Mrs. Anita Kumari Singh, A.P.P.

     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                         ORAL JUDGMENT
      Date : 19-01-2026

                           None appears on behalf of the appellants.

      Learned Additional Public Prosecutor for the State.

                           2. It is noted that the matter is pending

      consideration for about 16 years.

                           3. It has been requested and Ms. Priya, learned

      counsel, has shown her willingness to assist as Amicus Curiae

      in the present matter.

                           4. Accordingly, learned counsel Ms. Priya, has

      been appointed as Amicus Curiae in the present matter.

                           5. Heard Ms. Priya learned Amicus Curiae for
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         the appellants and learned A.P.P for the State.

                             6. The present appeal has been preferred for

         setting aside the judgment of conviction dated 30.05.2009

         passed by the Additional Sessions Judge XIth, Saran, in

         Sessions Trial No. 345 of 2002, whereby the appellants were

         held guilty for the offence punishable under Section 324 of

         the Indian Penal Code. However, the appellants were released

         on probation under the provision of the Probation of

         Offenders Act upon furnishing a bond of ₹1,000/- with one

         surety for keeping peace for a period of one year.

                             7. As per prosecution case, the informant

         Sitaram Singh (PW-4), was living alone at his house while his

         sons were residing outside the village. On 02.07.2001 at about

         8:00 A.M., the informant was levelling his sahan (courtyard)

         situated in front of his house by filling soil. The soil was

         being carried from the bank of a river by an ass belonging to

         Satrudhan Baitha (PW-3) and was being transported through a

         public lane passing adjacent to the house of the accused

         persons, which also served as the access road to the

         informant’s house. It is the prosecution case that both the

         appellants wrongfully obstructed the passage of the ass
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         through the said public lane, which led to a verbal altercation

         between the parties. Upon receiving information about the

         obstruction, the informant reached the spot and objected to the

         illegal act of the accused persons. It is alleged that during the

         course of the altercation, appellant no.2 Chandrama Singh,

         instigated the other to kill the informant and he himself picked

         up a bhala (spear) kept on his verandah and assaulted the

         informant targetting his chest with intention to kill him. In

         order to save his life, the informant caught the bhala with his

         right hand, as a result of which the bhala struck his right

         palm, causing a grievous injury. It is further alleged that, at

         the same time, appellant no.1 Jawahar Singh assaulted the

         informant’s head with an iron rod. The informant tried to skip,

         as a result of which the blow hit his right shoulder causing

         bone fracture. The informant fell down on the spot and started

         writhing in pain. On hearing the hue and cry, nearby witnesses

         assembled at the place of occurrence and intervened, thereby

         rescuing the informant from further being assaulted. The

         informant/injured informed his son, who resides in Chapra,

         about the occurrence, but his son had gone out of Chapra and

         when        he     returned       on      05.07.2001,   he   took   the

         informant/injured to Chapra Sadar Hospital for medical
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         treatment.

                             8. Thereafter, the informant filed a complaint

         case bearing Complaint Case No. 1117(C) of 2001 before the

         learned Chief Judicial Magistrate, Mokam, Chhapra which

         was converted into Rivilganj P.S. Case No. 97 of 2001

         registered under Sections 323, 325, 324, 307 and 34 of the

         IPC. Routine investigation followed. Statement of witnesses

         came to be recorded and on the completion of investigation,

         charge sheet has been submitted against the appellants and

         others under Sections 341, 323, 325, 307 and 34 of the IPC.

         Thereafter, the learned trial court took cognizance. The case

         was committed to the court of sessions after following due

         procedure. The learned trial court framed charges against the

         appellant and others under Sections 307 and 341 of the IPC.

         Charges were read over and explained to the appellants to

         which they pleaded not guilty and claimed to be tried.

                             9. In order to bring home the guilt of the

         accused persons, the prosecution has examined altogether

         seven witnesses namely, PW-1 Amar Singh, PW-2 Arun

         Kumar Singh (younger son of the informant), PW-3

         Shatrughan Baitha, PW-4 Sitaram Singh (informant/injured),
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         PW-5 Prabin Kumar Singh, PW-6 Pappu Singh and PW-7 Dr.

         B.K. Gupta.

                             10. Prosecution has relied upon following

         documentary evidence on record:-

                                                   Ext. 1- Signature of
                                        Sitaram Singh on carbon copy of
                                        complaint petition.

                                                   Ext. 2 – Injury Report
                                        prepared by Dr. B.K. Gupta.


                              11. Defence has not produced any oral or

         documentary evidence in his support. However, defence of the

         appellants as gathered from the line of cross-examination of

         prosecution witnesses as well as from the statement of the

         accused under Section 313 of the Cr.P.C. is that of total

         denial.

                              12. After hearing the parties, the learned trial

         court convicted the appellants as indicated in the 6 th

         paragraph of the judgment.

                              13. Following submissions have been made on

         behalf of learned Amicus Curiae for the appellants.

                              14. Learned Amicus Curiae for the appellants

         has submitted that the entire prosecution case is full of
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         material contradictions and infirmities and the learned trial

         court has failed to properly appreciate the evidence on record,

         resulting in grave miscarriage of justice. It is submitted that

         there is an unexplained delay of four days in lodging the

         complaint. The prosecution has not provided plausible

         explanation for such delay, which creates serious doubt about

         the authenticity of the prosecution story and indicates the

         possibility of deliberation, consultation and false implication.

         It is further submitted that the Investigating Officer has not

         been examined. In view of serious disputes regarding the

         place of occurrence, non-examination of the Investigating

         Officer is fatal to the prosecution case. It is submitted that the

         statements of prosecution witnesses suffer from material

         contradictions with regard to the place of occurrence; the

         nature and the part of body on which injuries were caused; the

         treatment allegedly given to the injured and the presence of

         witnesses at the spot. It is submitted that PW-3, who is the

         most crucial witness for the prosecution, has not supported the

         prosecution version. The hostility of PW-3 demolishes the

         gravamen of the prosecution case, and no conviction can be

         sustained on the basis of the testimony of remaining interested

         witnesses. It is submitted that the medical evidence does not
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         support the prosecution case. The alleged X-ray report has

         neither been proved nor exhibited in accordance with law,

         rendering the medical evidence unreliable and incapable of

         corroborating the ocular version. It is submitted that the

         parties admittedly have a pre-existing land dispute. This prior

         enmity provides a strong motive for false implication, which

         has not been duly considered by the learned trial court. It is

         lastly submitted that the impugned judgment is cryptic and

         unreasoned. In the light of aforesaid facts and circumstances

         of the case, the impugned judgment of conviction is not

         sustainable in the eye of law and is fit to be set aside.

                              15. Learned A.P.P. for the State has submitted

         that the informant is the victim of the present case and has

         stated how he sustained injuries in the alleged occurrence and

         injuries have also been corroborated by the doctor. Other

         witnesses       have also          supported        and corroborated   the

         prosecution story. The learned A.P.P. for the State submitted

         that on 17.07.2003, a petition under Section 311 of the Cr.P.C.

         was filed by the accused persons seeking recall of PW-3,

         Satrughan Baitha, for further cross-examination and the said

         petition stands allowed by the trial court vide order dated

         22.07.2003. PW-3 is a material and competent witness, yet he
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         was declared hostile during examination-in-chief and did not

         support the prosecution version. Despite being the owner of

         the ass allegedly used in the occurrence, he denied the

         prosecution story. Learned APP further submits that the

         judgment of conviction passed by the concerned court is

         justified and legal and no interference is required, particularly

         in the circumstance that the appellants have already been

         granted the benefit of probation under the Probation of

         Offenders Act.

                              16.      The      question     which   arises     for

         consideration is:-

                                                       “Whether           the
                                  prosecution has been able to prove its
                                  case under Section 324 of the IPC
                                  beyond reasonable doubts or not?


                              17. I have perused the impugned judgment

         and trial court records. I have given my thoughtful

         consideration to the rival contention made on behalf of the

         parties as noted above.

                              18. It is necessary to evaluate, analyze and

         screen out the evidences of witnesses adduced before the trial

         court.
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                              19. PW-1/ Amar Singh at para 2 has stated

         that the injured/victim was treated at Rivilganj Hospital on the

         alleged date of occurrence. However, on the same point, PW-4

         (informant) stated in paragraph 1 that he was treated at Sadar

         Hospital, Chhapra. In this way, with regard to the place of

         treatment, the statements of PW-1 and PW-4 are quite

         contradictory. Further, PW-1 in para 11 has stated that he

         caught hold of the bhala as a result of which bhala did not hit

         the chest of victim. However, at para 12 attention has been

         drawn regarding catching hold of bhala to which he has

         stated that he had not told daroga ji that he had caught hold

         of bhala but as the Investigation Officer has not been

         examined in the case, the appellants have been prejudiced due

         to non-examination of I.O. as relevant contradiction in

         evidence of witness could not be taken on the said point. In

         this way, on the aforesaid point, the deposition of PW-1

         regarding the manner of assault is quite inconsistent. Further,

         PW-1 stated in para 6 that the house of appellant no.1 Jawahir

         Singh is situated at a distance of 10 feet east to the house of

         Sitaram Singh. There was no land of other persons in between

         the houses of the informant and appellant no. 1 Jawahir Singh,

         but in paragraph 10 he deposed that in front of Jawahir
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         Singh’s house, there is an east-west public road about 3-4 feet

         wide, which creates inconsistency regarding the place of

         occurrence. PW-1 has stated in para 10 that the place of

         occurrence was the 3–4 feet wide road situated in front of the

         house of appellant no. 1/ Jawahir Singh. On the other hand,

         PW-4, in paragraph 8 of his deposition, stated that the place of

         occurrence was on the road situated in front of the door of

         Baban Singh. Therefore, there is a clear and material

         contradiction between the statements of PW-1 and PW-4 on

         the point of place of occurrence. PW-1 has stated that the

         injured was treated at Rivilganj Hospital. Further, PW-4 (the

         informant) has stated that the injured was treated at Sadar

         Hospital, Chapra. In this way, on the point of treatment, the

         statements of PW-1 and PW-4 are quite inconsistent and

         contradictory.

                              20. PW-2/ Arun Kumar, who is the son of the

         informant, stated in paragraph 1 that at the time of the

         occurrence he was inside his house. However, PW-4 stated in

         paragraph 1 that his son Arun Kumar (PW-2) was with him

         when he went to the place of occurrence. Thus, the statements

         of PW-2 and PW-4 are contradictory with respect to the

         presence of PW-2 at the place of occurrence, which creates
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         serious doubt about the prosecution version. Further PW-2

         stated in paragraph 3 of his evidence that appellant no. 2,

         Chandrama Singh, was armed with a bhala and attacked with

         the intention to kill the informant and his father jerked the

         bhala with his right hand, causing an injury to the left hand. In

         the meantime, appellant no.1 Jawahir Singh brought an iron

         rod from his house and gave a blow, which hit the left

         shoulder of informant/PW-4. However, the informant (PW-4)

         himself categorically stated in paragraph 1 of his evidence

         that he sustained injuries on his right hand and right shoulder.

         In this way, the statement of PW-2 and PW-4 is quite

         contradictory on the crucial point of place of injury. PW-2

         has categorically admitted in para 16 of his deposition that the

         police was not informed about the occurrence. This admission

         clearly establishes that immediately after the alleged

         occurrence, no report was made to the police. Such conduct of

         the informant casts a serious doubt on the authenticity of the

         prosecution version. PW-2 has stated that the informant

         received injuries on the left hand and left shoulder, but PW-4

         (informant) has stated that the he himself received injuries on

         the right hand and right shoulder. In this way, the statement of

         PW-2 is inconsistent with the statement of PW-4, who is the
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         victim. PW-2’s statement is also contradictory on the point of

         his presence at the time of occurrence. At one point, he stated

         that he was present at the place of occurrence, but in

         paragraph 1 he stated that at the time of occurrence he was

         inside his house.

                              21. PW-3 Satrudhan Baitha, whose name has

         been mentioned in the FIR and whose ass was allegedly being

         used for carrying the soil at the relevant time, is the most

         competent witness to prove the genesis of the occurrence, but

         he has not supported the prosecution case on the point of

         assault, which creates a serious doubt on the prosecution story

         and makes the prosecution story highly doubtful.

                              22. PW-4, Sitaram Singh, who is the

         informant as well as victim of the case, has stated in

         paragraph 10 of his testimony that upon being assaulted he

         fell down, and at that time Arun Singh, Pappu Singh (PW-6),

         and Arun Kumar Singh (PW-2) reached the place of

         occurrence. However, the names of these witnesses have not

         been mentioned in initial version of prosecution story and he

         has improved upon the said version by adding the names of

         said persons. In this way, the presence of the aforesaid

         witnesses at the place of occurrence is doubtful. Further, PW-
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         4 (informant) stated in paragraph 1 of his deposition that he

         was treated at Sadar Hospital, Chapra. However, on the same

         point, PW-1/Amar Singh in para 2 has stated that the

         injured/victim was treated at Rivilganj Hospital on the alleged

         date of occurrence. In this way, with regard to the place of

         treatment, the statements of PW-1 and PW-4 are quite

         contradictory and divergent. Further, the informant (PW-4)

         has categorically stated in paragraph 1 of his evidence that he

         sustained injuries on his right hand and right shoulder.

         However, PW-2, in paragraph 3 of his evidence, has stated

         that the informant sustained injuries on his left hand and left

         shoulder. In this way, the testimonies of PW-2 and PW-4 are

         quite contradictory on the crucial point regarding the place of

         injury.

                              23. PW-5/ Pravin Kumar Singh and PW-6/

         Pappu Singh are witnesses of the occurrence; however, they

         have stated that they have no knowledge of the alleged

         assault. Consequently, they have been declared hostile.

                              24. PW-7/ Dr. B.K. Gupta has examined

         Sitaram Singh (informant) on 18.05.2005 in injured condition

         and has found the following injuries:

                              (i) Lacerated wound 2” x 1/3” x skin deep on
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         right from arm.

                              (ii) Bruise on back 2” x ½”

                              (iii) Pain, swelling and tenderness on right

         clavicular region. X-ray from Uphar X-ray Chapra dated

         06.07.2001 found fracture in middle clavicular region right

         side.

                              24.1 PW-7 has opined that injury nos. 1 and 2

         were simple in nature, whereas injury no. 3 was grievous.

         However, the opinion regarding grievous injury was based

         solely on an alleged X-ray report said to be of Uphar X-ray

         Centre. Admittedly, the said X-ray report has neither been

         produced nor exhibited on record. PW-7 has further stated in

         paragraph 2 of his cross-examination that he had not advised

         X-ray examination and the injured himself got his shoulder X-

         rayed without any medical advice and subsequently produced

         the report before him on 30.07.2001. The doctor has also

         admitted that while assessing the age of the injury, he did not

         record the colour of the bruise. In this way, the medical

         opinion regarding grievous injury remains unsupported.

                              25. Apart from that, the Investigating Officer

         of this case has not been examined who is the material

         witness on the point of identifying the place of occurrence.
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                              26. In Behari Prasad Vs. State of Bihar

         reported in (1996) 2 SCC 317, the Hon’ble Supreme Court

         held that though non-examination of the Investigating Officer

         may not always be fatal where it causes prejudiced to the

         accused, it becomes a significant infirmity, as observed in the

         judgment which reads as under:-

                                                "We may also indicate here
                                   that it will not be correct to contend
                                   that if an Investigating Officer is not
                                   examined in a case, such case should
                                   fail on the ground that the accused
                                   were deprived of the opportunity to
                                   effectively       cross     examine      the
                                   witnesses for the prosecution and to
                                   bring out contradictions in their
                                   statements before the police. A case
                                   of prejudice likely to be suffered by
                                   an accused must depend on the facts
                                   of the case and no universal straight
                                   jacket formula should be laid down
                                   that non examination of investigating
                                   Officer per se vitiates a criminal trial.
                                   These appeals, therefore, fail and are
                                   dismissed. The appellants who have
                                   been released on bail should be taken
                                   into     custody      to   serve   out   the
                                   sentence."
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                                27. Applying this principle to the present

         matter, this Court finds that the omission to examine the

         Investigating Officer has, in fact, caused serious prejudice to

         the     defence.       The      prosecution         version   suffers   from

         contradictions and omissions in the statements of the

         witnesses and the only person who could have clarified or

         explained such contradictions was the Investigating Officer.

                                28. The failure to examine the Investigating

         Officer also means that the place of occurrence has not been

         duly established. At this point, it would be relevant to take

         note of the decision passed by the Hon'ble Supreme Court in

         the case of Syed Ibrahim versus State of Andhra Pradesh,

         reported in (2008) 10 SCC 601, wherein it has been held that

         "when place of occurrence itself has not been established, it

         would not be proper to accept the prosecution side."

                              29. From perusal of evidence of prosecution

         witnesses, it is evident that PW-1 has stated that the injured

         was treated at Revelganj Hospital, whereas PW-2 has stated

         that the injured was treated at Chapra. Further, PW-4 (the

         informant) has stated that the injured was treated at Sadar

         Hospital, Chapra. In this way, on the point of treatment, the
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         statements of PW-1, PW-2, and PW-4 are quite inconsistent

         and contradictory. On the point of the place of occurrence,

         there is a contradiction in the versions of PW-1 and PW-4,

         which is not corroborated by any prosecution witness. If the

         place of occurrence is not proved, it is fatal to the prosecution

         case, especially when the Investigating Officer has not been

         examined on the said point. The prosecution has miserably

         failed to prove the place of occurrence. PW-4 has stated in

         paragraph 1 that he went to inquire about the matter and his

         son Arun Kumar Singh (PW-2) came behind him, but he

         further deposed that after falling he sustained injuries, Amar

         Singh, Arun Kumar Singh (PW-2) and Pappu Singh came

         there. However, in the FIR there is no specific mention as to

         who was present at the time when the occurrence took place.

         In this way, PW-1 and PW-2 have falsely claimed that they

         witnessed the occurrence. PW-2, in paragraph 16, has stated

         that the police were not informed about the occurrence, which

         clearly shows that the informant did not inform the police

         about the incident and lodged the complaint before the learned

         CJM after a lapse of four days. It has already been admitted

         by the informant that there was a land dispute between the

         parties, and in cases of land disputes, facts are generally
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         exaggerated to make the offence graver. The injury report of

         the doctor appears to be collusive in nature, as although the

         doctor examined the injured on 05.07.2001, the final injury

         opinion was given on 30.07.2001. This clearly indicates that

         there was delay at multiple stages on account of deliberation,

         and the prosecution has developed a suitable story to falsely

         implicate the appellants in the present case. Even the trial

         court has not mentioned how the witnesses were found

         reliable to reach the conclusion of conviction. In the present

         case, the occurrence took place on a 02.07.2001 and it has

         come to light in the deposition of the prosecution witnesses

         that the police was not informed. Without availing the remedy

         of lodging a police case, the complainant resorted to file a

         court complaint, which appears to be a calculated device to

         frame allegations against the appellants. On the point of the

         place of occurrence, the statement of the Investigating Officer

         was essential, but in the present case the Investigating Officer

         has not been examined. I.O. is the competent witness to point

         out the boundaries of the place of occurrence and the

         authenticity of the prosecution case depends upon how the

         place of occurrence is established. In the present case, on the

         point of the place of occurrence , the statements of the
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         prosecution witnesses are inconsistent, particularly when

         compared with the testimony of PW-4. There is no

         independent witness to corroborate the place of occurrence,

         which is fatal to the prosecution case. In no paragraph of the

         judgment has it been mentioned how the witnesses were

         reliable or how credibility was reposed in their statements, no

         reasons have been recorded by the trial court. The trial court

         has merely reached the conclusion that the appellants are

         guilty under Section 324 of the I.P.C. Further, the statement of

         PW-4 (the informant) is contradictory with regard to the

         medical treatment allegedly received. He stated that he was

         treated at Sadar Hospital, Chapra , whereas PW-1 stated that

         the treatment was provided at Revelganj Hospital. The

         statements of PW-4 and PW-1 regarding the place of

         occurrence, which is a vital aspect of the prosecution case, is

         also quite contradictory. In this way, the informant, who

         claims to be the victim, has given inconsistent statements on

         the vital aspect of the story of prosecution. In light of the facts

         and circumstances of the case, his testimony is neither tenable

         nor sustainable. Although he sustained injuries on 02.07.2001

         but the complaint was filed after a delay of four days. PW-1

         has not categorically stated that the occurrence was reported
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         to the police. Instead of lodging a police case, the informant

         preferred to file a complaint case and in that situation due

         deliberation cannot be negated. PW-3/ Satrughan Baitha,

         whose ass was allegedly hired for carrying soil, has not

         supported the prosecution case even during his examination-

         in-chief. Additionally, the manner in which the injury report

         was prepared raises serious doubts. The doctor did not advise

         an X-ray, yet the informant himself proceeded for an X-ray

         examination. The final injury report was prepared on

         30.07.2001 which is much later than the initial medical

         examination dated 05.07.2001. From the initial version of the

         prosecution story to the completion of the injury report, all

         the steps are inferring that some deliberation has been made.

         Further, PW-4, who is victim and the informant, has narrated

         the manner of occurrence by stating that he was levelling his

         sahan (courtyard) and for the purpose of carrying soil, an ass

         was being used which belongs to PW-3/ Satrughan Baitha,

         and the soil was being transported through a public lane

         passing adjacent to the houses of the accused persons

         including informant. According to the informant, the accused

         persons wrongfully obstructed the passage of the ass through

         the said public lane, which led to a verbal altercation between
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         the parties. During the course of the altercation, the informant

         was assaulted and sustained injuries. The alleged occurrence

         is said to have taken place on 02.07.2001; however, the

         complaint was filed on 06.07.2001, after delay of four days

         and no plausible explanation for this delay has been offered

         by the informant in the initial version of the prosecution story.

         Moreover, PW-2 has categorically admitted in paragraph 16

         of his evidence that the police was not informed about the

         occurrence. Such unexplained delay in setting the criminal

         law into motion casts serious doubt upon the authenticity and

         credibility of the prosecution case. In the initial version of the

         prosecution story, the informant did not specifically name any

         person who was present at the place of occurrence. However,

         during the course of adducing evidence before the court, he

         specifically mentioned several names as being present at the

         place of occurrence. In this way, the informant has

         subsequently introduced the names of persons who were not

         narrated in the initial version of the prosecution story. Such

         subsequent introduction of names, which find no mention in

         the initial version of the prosecution case, amounts to a clear

         improvement and casts serious doubt on the credibility of the

         informant’s testimony. It is cardinal principle of criminal
Patna High Court CR. APP (SJ) No.480 of 2009 dt.19-01-2026
                                           22/23




         jurisprudence that that the prosecution has to prove its case

         beyond reasonable doubt. The evidence of all the factual

         witnesses, namely PW-1 to PW-6, are neither trustworthy nor

         convincing and the place of occurrence has also not been

         proved, as discussed in foregoing paragraphs. Hence, the

         contention of learned Amicus Curiae is quite tenable and

         sustainable in the light of aforesaid facts and circumstances of

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

         case beyond reasonable doubt.

                                30. In the result, in my view, prosecution

         case suffers from several infirmities, as noticed above, and it

         was not a fit case where conviction could have been recorded.

         The learned trial court fell in error of law as well as

         appreciation of facts of the case in view of settled criminal

         jurisprudence. Hence, the impugned judgment of conviction is

         hereby set aside and this appeal stands allowed.

                                31. Since, impugned judgment of conviction

         is hereby set aside, this appeal stands allowed and appellants

         are acquitted, the very foundation of probation order

         disappears. Consequently, the probation bond automatically

         loses its legal basis and the bond becomes infructuous and the

         accused/appellants stand discharged from the liability of
             Patna High Court CR. APP (SJ) No.480 of 2009 dt.19-01-2026
                                                        23/23




                      probation bond.

                                             32. The interlocutory application, if any, also

                      stands disposed of.

                                             33. Let a copy of this judgment be

                      transmitted to the Superintendent of the concerned jail for

                      compliance and for record.

                                             34. The records of this case be also returned

                      to the concerned trial court forthwith.

                                             35. Before parting with the judgment, I

                      appreciate the legal assistance rendered by Ms. Priya, learned

                      Amicus Curiae. Patna High Court Legal Services Committee

                      is directed to pay a sum of Rs. 5,000/- (rupees five thousand)

                      to Ms. Priya, learned Amicus Curiae, as consolidated fee for

                      the legal assistance rendered by her, within a period of four

                      weeks from the date of receipt of this judgment.




                                                       (Alok Kumar Pandey, J)

Nilmani/-
AFR/NAFR                AFR
CAV DATE                N/A
Uploading Date          31.01.2026
Transmission Date       31.01.2026


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