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Patna High Court

Jagdish Sah and Ors.versusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The conviction under Section 323 IPC was set aside because the prosecution failed to prove the accused's guilt beyond reasonable doubt, given the material contradictions, lack of independent witnesses, and non‑examination of the investigating officer.

Summary

The appellants were convicted under Section 323 of the Indian Penal Code for assaulting an informant's family and stealing jewellery. They appealed, arguing that the prosecution's case relied solely on witnesses related to the informant, that there were material contradictions in their statements, and that the investigating officer was not examined, depriving the defence of a chance to rebut. The trial court had sentenced each appellant to one year of rigorous imprisonment and a fine of Rs. 500. The High Court found that these evidentiary deficiencies amounted to a material infirmity, noting that the injuries were simple and that pending land disputes indicated bias. Consequently, the Court held that the prosecution had not proved guilt beyond reasonable doubt and set aside the conviction, acquitting the appellants. The appeal was therefore allowed.

Issues considered

  • Did the prosecution establish the guilt of the accused beyond reasonable doubt under Section 323 IPC?
  • Does the non‑examination of the investigating officer and reliance on interested witnesses vitiate the conviction?
  • Do the nature of the injuries and the context of a land dispute affect the evidentiary assessment?

Legislation cited

Subjects

  • assault
  • IPC 323
  • burden of proof
  • acquittal
  • evidence
  • interested witnesses
  • procedural fairness
  • Bihar

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                          CRIMINAL APPEAL (SJ) No.54 of 2016
        Arising Out of PS. Case No.-8 Year-2006 Thana- BHAGWANPUR District- Begusarai
     ======================================================
1.    Jagdish Sah, Son of Late Mohar Sah
2.   Bipin Sah
3.   Sudhir Sah, Both Nos. 2 & 3 are Sons of Shri Jagdish Sah
4.   Sunil Sah Son of Ram Prakash Sah
5.   Mukund Sah Son of Ramadhar Sah
6.   Anilsah Son of Ram Prakash Sah
7.   Ramadhar Sah Son of Late Mohar Sah All are Residents of village - Bhith,
     Police Station Bhagwanpur, District - Begusarai

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

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellants       :      Mr. Saroj Shandilya, Advocate
                                     Mr. Binay Kumar Jha, Advocate
     For the State            :      Mr. Binod Bihari Singh, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
     ORAL JUDGMENT
      Date : 30-04-2026

                      Heard learned counsel for the appellants and

      learned Additional Public Prosecutor for the State.

                     2. This appeal has been filed challenging the

       judgment of conviction and order of sentence dated 04.12.2015

       passed in Sessions Trial No. 127 of 2007 arising out of

       Bhagwanpur P.S. Case No. 08 of 2006 whereby all these

       appellants have been convicted under Section 323 of the Indian

       Penal Code and have been sentenced to undergo rigorous

       imprisonment for one year and fine of Rs. 500/- each.
Patna High Court CR. APP (SJ) No.54 of 2016 dt.30-04-2026
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                          3. The prosecution case, in brief, is that on

          16.01.2006 at about 7 AM, all these accused-appellants, armed

          with lathi, danda, khanti and garsa, came to the house of

          informant and assaulted informant, her husband, her son and

          other family members. It is further alleged that the accused

          persons also took away a box containing jewellery and other

          household articles.

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

          accused person, the prosecution has examined altogether six

          witnesses. P.W. 1, namely Gulten Sah, is husband of informant.

          P.W. 2, namely Mahendra Sah, is son of informant. P.W. 3,

          namely Gita Devi, is sister-in-law (Gotni) of the informant.

          P.W. 4, namely Sarjugia Devi, is informant. P.W. 5, namely Dr.

          Devendra Singh, is doctor who examined the injuries. P.W. 6,

          namely Suresh Poddar Karpardaz, is a formal witness who

          proved the Fardbeyan. The prosecution has also adduced

          documentary witnesses, which are marked as:-

                   Exhibit 1               Injury Report
                   Exhibit 2               Fardbeyan
                   Exhibit 3               Formal F.I.R.
                   Exhibit 4 and 4/1       Certified copy of deposition



                       5. On the other hand, the defence has also produced

          four defence witnesses, i.e., D.W. 1, namely Devendra Pd.
Patna High Court CR. APP (SJ) No.54 of 2016 dt.30-04-2026
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          Singh, D.W. 2, namely Bipin Paswan, D.W. 3, namely

          Devendra Pd. and D.W. 4, namely Balmiki Singh. The defence

          has also adduced documentary witnesses, which are marked as:-

         Exhibit A           Complaint Petitino No. 83C of 2006
         Exhibit B           Report in proceeding under Section 107 of the Cr.P.C.
         Exhibit C           Attendance register relating to accused Ramadhar Sah
         Exhibit D           Rent receipt
         Exhibit E           Complaint of Title Suit No. 56 of 2006
         Exhibit F           Deposition of Gulten Sah dated 28.02.2011
         Exhibit G           Sale deed



                       6. After hearing the parties, the learned trial court

          convicted the 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 the impugned order of sentence and

          conviction are fit to be quashed and set aside on the basis of

          facts and circumstances. The learned trial court has committed

          grave illegality in facts and law both. As a matter of fact, both

          parties are Gotiyas and due to admitted land dispute between

          the parties, a series of litigation are pending between them. As a

          matter of fact, the alleged incident occurred spontaneously in

          the spur of the moment over a minor dispute. It is further

          contended that a case has been lodged by Appellant No. 5,

          namely Mukund Sah, against informant and others, in which
Patna High Court CR. APP (SJ) No.54 of 2016 dt.30-04-2026
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          other appellants are witnesses and only with a view to save their

          skin from the aforesaid case, this false and concocted case has

          been lodged. Moreover, there is material contradiction in the

          statement of the witnesses. In this case, the Investigating

          Officer has not been examined. Non-examination of the

          Investigating Officer has caused great prejudice to the defence

          of the these appellants as they were not able to contradict the

          evidence of the witnesses and the place and manner of

          occurrence could not be proved. The doctor who examined the

          injured (P.W. 5) has opined the injuries as simple in nature. It is

          lastly submitted that all the witnesses are family members of

          the informant and are highly interested witnesses and there is

          no independent eye-witness to the alleged occurrence. Thus, 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. On the other hand, learned A.P.P. for the State has

         submitted that there is no need of any interference in this appeal

         since the prosecution witnesses have supported the corroborated

         the prosecution story and there is no reason to differ with the

         findings of the learned trial court and the judgement of
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         conviction and order of sentence are justified and legal.

                       9. From going through the evidence and perusal of

         the records, this Court finds that the impugned order of

         conviction and sentence suffers from material infirmity. In this

         case, there is material contradiction in the deposition of the

         witnesses. It appears that all the independent prosecution

         witnesses are related to the informant and are highly interested

         witnesses. In this case, the Investigating Officer has not been

         examined, which has caused great prejudice to the defence as

         the defence could not get opportunity to explain the material

         discrepancy and contradict the witnesses. The doctor has opined

         the injuries, allegedly caused by these appellants, simple in

         nature and a series of litigation are pending between the parties.

                       10. Thus, in view of the facts and circumstances of

         the case, as discussed above, it is evident that 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. In that view of the matter, the impugned judgment

         of conviction and order of sentence dated 04.12.2015 passed by

         the learned Additional Sessions Judge-I, Begusarai in Sessions
             Patna High Court CR. APP (SJ) No.54 of 2016 dt.30-04-2026
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                      Trial No. 127 of 2007 in connection with Bhagwanpur P.S. Case

                      No. 08 of 2006 are hereby set aside with respect to these

                      appellants only.

                                   12. Appellants, above named, are acquitted of all the

                      charges and are discharged from the liability of the 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          05.05.2026
Transmission Date       05.05.2026


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