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Patna High Court

Sukhdeo Yadav and Ors.versusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The conviction under Section 365 IPC is set aside as the prosecution evidence is unreliable and fails to prove guilt beyond reasonable doubt.

Summary

The appellants Sukhdeo, Bijay and Ajay Yadav were convicted by the Sessions Court for an offence under Section 365 of the IPC based on an abduction allegation arising from a land dispute. The prosecution's case relied primarily on the victim's testimony and the informant's FIR, but the informant's statements were inconsistent and he was not an eyewitness. Multiple witnesses gave contradictory accounts, several turned hostile, and the investigating officer was not examined. The victim's own statements about the abduction and captivity were also found unreliable and lacked medical corroboration. The court noted serious contradictions and the failure to produce credible evidence beyond reasonable doubt. Consequently, the conviction was held unsustainable and set aside. The appeal was allowed, and the appellants were discharged.

Issues considered

  • Whether the prosecution evidence establishes the guilt of the appellants beyond reasonable doubt for an offence under Section 365 IPC.
  • Whether the informant's FIR can be treated as eyewitness testimony despite inconsistencies.
  • Whether the failure to examine the investigating officer and the hostile witnesses defeats the prosecution case.

Legislation cited

Subjects

  • kidnapping
  • abduction
  • Section 365 IPC
  • evidentiary contradictions
  • benefit of doubt
  • appeal allowed
  • criminal trial

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CRIMINAL APPEAL (SJ) No.68 of 2014
        Arising Out of PS. Case No.-58 Year-1994 Thana- LAKHISARAI District- Lakhisarai
     ======================================================
1.    Sukhdeo Yadav, S/o Late Dila Yadav,
2.   Bijay Yadav
3.   Ajay Yadav, Both are sons of Sukhdeo Yadav, All Resident of Village-
     Dharhisir, P.S.- Chanan, District- Lakhisarai

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

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s      :       Mr. Sidharth Harsh, Amicus Curiae
     For the State            :       Mr. Abhay Kumar, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                  ORAL JUDGMENT

      Date : 18-02-2026

                      The instant appeal has been preferred by the

      appellants against the judgment of conviction dated 15.01.2014

      and the order of sentence dated 16.01.2014 passed by the Court

      of the learned Adhoc Additional District & Sessions Judge-V,

      Lakhisarai, in Sessions Case. No. 212 of 1996 arising out of

      Lakhisarai Chanan P.S. Case No. 58 of 1994, whereby and

      whereunder the appellants have been convicted for the offence

      punishable under Section 365 of the Indian Penal Code (in

      short, “IPC”). The appellants have been sentenced to undergo

      simple imprisonment for three years with a fine of Rs. 500/-

      (Rupees Five Hundred) to each for the offence punishable under
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         Section 365 of the IPC. In default of payment of fine, they have

         been directed to undergo imprisonment for three months

         additionally.

                         Prosecution Story:

                         2. The substance of the prosecution story, as

         appearing from the FIR, is as follows:

                          The informant, Jagdeo Yadav, gave his fardbeyan at

         Chanan Police Station on 02.03.1994, alleging that a she-buffalo

         of appellant No. 1, Sukhdeo Yadav, had died due to some

         disease, but he suspected that it had been killed by the

         appellants. The informant further alleged that on 01.03.1994,

         when his brother, Ram Balak Yadav (the victim), was at his

         residence (dera) situated on the north-western side of the village

         at about 7:00–7:30 PM, all the accused persons/appellants

         came, abducted his brother, and handed him over to other

         criminals. Upon hearing his brother’s alarm, the informant,

         along with his family members and other villagers, reached at

         the place of occurrence but did not find his brother there. The

         informant alleged that the accused persons/appellants had taken

         away his brother due to enmity arising out of a previous land

         dispute.

                         3. The informant recorded his fardbeyan on
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         02.03.1994 at Chanan Police Station and detailed the above-

         mentioned incident. Upon that basis, the formal FIR bearing

         Chanan P.S. Case No. 58 of 1994 was registered for the offence

         punishable under Section 364 read with section 34 of the IPC,

         which set the criminal law in motion.

                         4. After completion of the investigation, the

         appellants were charge-sheeted.

                         5. After cognizance of the alleged offence, the

         learned Magistrate committed the case of the appellants to the

         Court of Sessions for trial. The appellants namely, Bijay Yadav,

         Ajay Yadav and Sukhdeo Yadav, stood charged for the offence

         under Section 364 of the IPC. The said charge was read over

         and explained in Hindi to the appellants by the trial court, to

         which they pleaded not guilty and claimed to be tried.

                         6. During the trial, the prosecution examined

         altogether nine witnesses who are as under :-

         PW-1      Kapurva Devi            Mother of the victim
         PW-2      Jagdeo Yadav            Brother of the victim
         PW-3      Sundar Yadav            Villager of the informant
         PW-4      Ram Balak Yadav         The victim
         PW-5      Ramdev Yadav            Villager of the informant (hostile witness)
         PW-6      Mathura Yadav           Villager of the informant (hostile witness)
         PW-7      Siddheshwar Yadav       Villager of the informant (hostile witness)
         PW-8      Hardev Yadav            Villager of the informant (hostile witness)
         PW-9      Chandeshwar Yadav       Villager of the informant (hostile witness)
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                         7. In addition to the above mentioned ocular

         evidence, the prosecution proved and exhibited the following

         documents in documentary evidence :-

         Ext-1          The signature of the informant on the fardbeyan
         Ext-1/1        The signature of the victim on his statement recorded
                        under section 164 of Cr.P.C.


                         8. After the completion of the prosecution

         evidence, the statements of the appellants were recorded under

         Section 313 of the Code of Criminal Procedure (in short,

         ‘Cr.P.C.’) by the trial court. The appellants denied the material

         circumstances appearing against them from the prosecution

         evidence; however, they did not take any specific defence while

         recording their statement.

                         9. In defence, the appellants produced and

         exhibited the following documents.

         Ext-A An order passed in Sessions Trial No. 336/2000
         Ext-B An order passed by Sub-Divisional Magistrate in the case
               No. 954M/1986


                         10. While convicting the appellants for the offence

         under Section 365 of the IPC, the learned trial court mainly

         placed reliance upon the testimony of the victim, Ram Balak

         Yadav (PW-4).
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                          Submissions made by learned Amicus Curiae:–

                         11. Mr. Siddharth Harsh, learned Amicus Curiae

         appearing for the appellants, submits that there are serious

         contradictions among the statements made by the informant in

         his fardbeyan and the testimonies of the prosecution witnesses,

         including the victim, with regard to the manner of occurrence as

         well as the place of occurrence. The informant (PW-2) recorded

         his fardbeyan after a delay of one day from the commission of

         the alleged occurrence, despite the fact that it had come to his

         knowledge immediately after the commission of the alleged

         offence. From the narration of the prosecution story by the

         informant, enmity between the victim’s family and the

         appellants was admittedly going on when the FIR was lodged.

         The so-called victim, who is the brother of the informant,

         himself returned from the clutches of the accused/appellants,

         and it is not the case of the prosecution that the victim was

         recovered by the police. Further, contradictory statements were

         made by the prosecution witnesses regarding the period of

         captivity of the victim. During the trial, PW-1 (mother of the

         victim) came up with a different story from that of mentioned in

         the FIR. The prosecution failed to examine the Investigating

         Officer before the trial court. PW-5 to PW-9 turned hostile.
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         Though, as per the prosecution, they did not claim themselves to

         be eyewitnesses of the occurrence, their evidence had some

         relevance regarding the subsequent part of the occurrence

         pertaining to the taking away of the victim by the accused;

         however, they did not say anything in support of the

         prosecution.

                         Submissions on behalf of the State:–

                         12. Learned APP appearing for the State opposes

         this appeal but fairly accepts that there was enmity between the

         victim’s family and the appellants during the relevant period of

         time when the alleged occurrence is stated to have taken place.

         The victim himself returned 5–6 days after the commission of

         the alleged occurrence. Learned APP has also accepted that

         there are contradictions among the testimonies of the

         prosecution witnesses; however, he has supported the findings

         of the trial court by referring to the evidence of the victim and

         the statement recorded by him under Section 164 of the Cr.P.C.,

         which are according to him completely corroborative of each

         other.

                         Consideration and Analysis:–

                         13. I have heard both sides, perused the evidence

         available on the trial court’s record, and taken into consideration
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         the statements of the appellants as well as the findings of the

         trial court noted in the impugned judgment.

                         14. The manner in which the informant described

         the prosecution story in his fardbeyan shows him as an

         eyewitness to the occurrence. In his fardbeyan, the informant

         stated that on 01.03.1994 at about 7–7:30 PM, his brother, Ram

         Balak Yadav (the victim), was present at his residence (dera)

         situated on the north-western side of the village. The

         accused/appellants, namely Vijay Yadav, Ajay Yadav, and

         Sukhdeo Yadav, caught hold of his brother and thereafter handed

         him over to other accused persons. Upon this, his brother started

         crying for help while being taken away by the appellants.

         Thereafter, he (the informant), along with his family members

         and villagers, rushed to the dera (residence) of the victim and

         found his brother missing. The said narration of the incident

         made by the informant shows that he claimed himself to be an

         eyewitness; however, in his cross-examination, he did not

         remain consistent with this stand.

                         15. The informant deposed in his examination-in-

         chief that his brother raised an alarm when he was being taken

         away by the appellants and thereafter he also raised an alarm

         and rushed towards his brother but did not find him. In cross-
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         examination, he stated that the accused persons had taken his

         brother away before he reached the place of occurrence and that

         he did not meet any of the accused persons there. He further

         stated that he heard the cry of his brother from a distance of half

         a kilometre. From this statement, it is clear that he was not an

         eyewitness to the alleged abduction of the victim.

                         16. The informant detailed the complete manner of

         occurrence and the names of the accused/appellants in his

         fardbeyan, which formed the basis of the prosecution case and

         was lodged the next day after the alleged occurrence. However,

         as per the victim’s own evidence, he returned from the captivity

         of the accused persons 5–6 days after the occurrence. As per the

         informant, when he reached the place of occurrence, he did not

         find either the victim or the accused persons. Therefore, how he

         obtained the details of the accused and the manner of occurrence

         immediately after the incident, which was reported one day

         later, has not been clarified by the prosecution through evidence.

                         17. PW-1, the mother of the victim, deposed in her

         examination-in-chief that at the time of the alleged occurrence,

         she was at her Bathan (cattle shed), her son, the victim, came

         there with food and, after giving the food, he started returning

         after covering some distance, the accused/appellants surrounded
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         and abducted him. The manner of occurrence as stated by this

         witness is completely different from that detailed in the FIR by

         the informant (PW-2) and also different from that detailed by

         the victim (PW-4) in his court evidence. Further, as per PW-1,

         she saw the accused persons from a distance of two Rassi (in

         village language, one Rassi is considered equivalent to 25 feet).

         Admittedly, it was a dark night at the time of the alleged

         occurrence. In such a situation, without any source of light, it

         would not have been possible for PW-1 to identify the accused

         persons or witness the occurrence as described by her.

                         18.     PW-2,       the    informant,   deposed   in   his

         examination-in-chief that at the time of the alleged occurrence,

         he was at his home and that his brother went to the dera of his

         father to deliver food, whereas PW-1 stated that the victim went

         to the bathan (cattle shed) to give food to her. In paragraph 5 of

         his cross-examination, PW-2 stated that his brother returned

         four days after the occurrence and did not disclose the names of

         the abductors. However, in the same paragraph, he stated that

         his brother disclosed the names of the accused. Thus, he did not

         remain consistent.

                         19. PW-3, an independent witness, stated in his

         examination-in-chief that on the alleged night at about 7:30 PM,
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         while he was inside his house, he heard the cries of Ram Balak

         Yadav (the victim), who was saying that he was being taken

         away by the appellants. However, in cross-examination, he

         stated that he did not see either of the appellants or the victim at

         the place of occurrence. Therefore, his evidence does not

         support the prosecution case.

                         20. PW-4, the victim, deposed that on the alleged

         day and time, he was going from his home to the bathan to

         deliver food then appellant Sukhdeo Yadav started following

         him with a lantern. While returning after delivering the food and

         upon reaching near the bridge at Devasthan, appellants namely

         Ajay Yadav and Vijay Yadav caught hold of him from both the

         sides. When he raised an alarm, five more persons equipped

         with guns arrived, tied his hands and mouth, and took him away.

         He further stated that the accused demanded money from him

         and, upon his inability to fulfill their demand, they freed him,

         after which he returned home. This story appears less

         believable, as the accused allegedly freed the victim without

         receiving any money, and there is no evidence that they

         contacted or pressured his family members regarding the said

         demand. In the fardbeyan, the informant stated that there was a

         land dispute between the appellants and his family; however, in
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         cross-examination, PW-4 stated that there was no such dispute.

         This indicates an attempt on his part to conceal the admitted

         enmity, and thus he does not appear to have come with clean

         hands before trial court.

                         21. According to PW-4, he was assaulted during

         captivity and remained in captivity for 5–6 days. Upon

         returning, he showed his injuries to the SHO but was not

         medically examined. Neither the police nor the victim himself

         or his family members took any steps to get his injuries

         medically treated, and no evidence or explanation was adduced

         in this regard.

                         22. The Investigating Officer was not examined,

         though he was an important witness to prove regarding the

         condition of the victim in which he was, when he returned back.

         His non-examination seriously prejudiced the appellants.

                         23. PW-5 to PW-9 turned hostile. Though they were

         cited as witnesses to a relevant portion of the occurrence, they

         denied their previous statements recorded before the police

         which goes against the prosecution to some extent.

                         Conclusion:–

                         24. In view of the facts and circumstances emerging
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         from the prosecution evidence discussed above, the prosecution

         story regarding the abduction of PW-4 does not appear reliable.

         Serious contradictions exist among the testimonies of the

         material witnesses. The informant falsely claimed himself to be

         an eyewitness, and the Investigating Officer was not examined,

         which proves fatal to the prosecution. Considering the admitted

         enmity between the parties at the time of the alleged occurrence,

         the conviction of the appellants under Section 365 of the IPC is

         not proper and sustainable. The appellants are entitled to the

         benefit of doubt, and the learned trial court committed a grave

         error in appreciating the prosecution evidence. Accordingly, the

         impugned judgment dated 15.01.2014 convicting the appellants

         under Section 365 of the IPC and the order dated 16.01.2014

         sentencing them are hereby set aside. The appeal stands

         allowed.

                        25. The appellants are on bail; accordingly, they and

         their sureties are discharged from the liabilities of their bail

         bonds.

                        26. Let the records of the trial court, along with a

         copy of this judgment, be transmitted forthwith to the trial court

         for necessary compliance.

                      27. Mr. Sidharth Harsh, learned Amicus Curiae shall
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                      be entitled to remuneration, as per notification dated 18.05.2017

                      issued by the State Government, to be paid by the Patna High

                      Court Legal Services Committee for assisting this Court as

                      Amicus Curiae.




                                                 (Shailendra Singh, J)
Annu/BKS-
AFR/NAFR                AFR
CAV DATE                NA
Uploading Date          20.02.2026
Transmission Date       20.02.2026


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