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Patna High Court

Biren Sah and Ors.versusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The conviction of the appellants under IPC sections 147, 148 and 323 is upheld.

Summary

The appellants were convicted for rioting (IPC s.147, s.148) and voluntarily causing hurt (IPC s.323) arising from a neighbour dispute over rain‑water drainage that escalated into an altercation involving lathis, a farsa and an alleged arrow. The prosecution relied on eight witnesses, three of whom were declared hostile, and medical evidence showing only simple blunt injuries. The defence argued that the prosecution failed to prove the use of deadly weapons, that key witnesses were hostile, and that the investigating officer was not examined. The High Court noted inconsistencies in the testimony and the non‑recovery of the alleged weapons but held that the overall evidence was sufficient to sustain the convictions. It ordered the appellants’ release on probation under the Probation of Offenders Act, 1958, and allowed the appeal.

Issues considered

  • The prosecution proved the offences under IPC sections 147, 148 and 323 beyond reasonable doubt.
  • Whether the non‑examination of the investigating officer and the non‑recovery of alleged weapons vitiated the conviction.
  • Whether the medical evidence disproved the allegation of use of deadly weapons such as a farsa or arrow.

Legislation cited

Subjects

  • rioting
  • unlawful assembly
  • voluntarily causing hurt
  • evidence assessment
  • hostile witness
  • medical evidence
  • probation
  • IPC

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.702 of 2012
       Arising Out of PS. Case No.-153 Year-1994 Thana- BARHARA KOTHI District- Purnia
     ======================================================
1.    Biren Sah, S/O Anirudh Sah,
2.   Rajesh Sah @ Rajesh Kumar @ Bablu Sah @ Bablu, S/O Kamleshwari Sah
3.   Kamlesh Sah @ Kamleshwari Sah, S/O Badri Sah,
4.   Bipin Sah, S/O Badri Sah
5.   Nago Sah @ Nago @ Nageshwar Sah, S/O Badri Sah
6.   Umesh Sah, S/O Anirudh Sah
     All resident Of Village- Barhara, Police Station- Barhara, District- Purnea

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

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s     :       Mr. Sanjay Kumar, Amicus Curiae
     For the Respondent/s    :       Mr. Abhay Kumar, A.P.P.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                         ORAL JUDGMENT
     Date : 02-07-2026
                  Heard Mr. Sanjay Kumar, learned Amicus Curiae

      and Mr. Abhay Kumar, learned APP for the State.

                      2. The present appeal has been filed for setting

      aside the judgment of conviction and order of sentence dated

      31.07.2012 passed by the 1st Additional Sessions Judge, Purnea

      in S.T. No.282/97 arising out of Barhara P.S. Case No.

      153/1994, whereby and whereunder, the appellants have been

      convicted for the offence punishable under Sections 147,148

      and 323 of the Indian Penal Code and they were directed to be

      released on furnishing probation bond of Rs. 10,000/- with two
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         sureties of the like amount each for a period of one year for

         maintaining peace and tranquility and good character and if it is

         found that they commit such type of act during the period of

         probation, they will be called and substantive sentence will be

         inflicted against them.

                      BRIEF FACTS OF THE CASE

                         3. The prosecution case, in brief, is that a dispute

         arose between the informant's family and the neighbouring

         family of Badari Sah over obstruction caused in flow and

         drainage of rainwater caused by a ridge constructed by the

         appellants, resulting in waterlogging in front of the informant's

         house. While the informant's children were removing the ridge,

         an altercation ensued between the womenfolk of both families,

         followed by brick-batting. Thereafter, the accused persons,

         namely Nago Sah, Kamleshwari Sah, Bipin Sah, Umesh Sah,

         Biren Sah and Bablu Sah, allegedly formed an unlawful

         assembly armed with lathis, farsa and arrows and assaulted the

         informant, his cousin Manoj Sah and other family members. It is

         alleged that Nago Sah assaulted Manoj Sah with an arrow,

         Umesh Sah and Bablu Sah inflicted farsa blows on the

         informant, while the remaining accused assaulted the victims

         with lathis. On the basis of the fardbeyan, the formal FIR was
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         registered, investigation was conducted and, on completion

         thereof, charge-sheet was submitted against all the accused

         persons.

                         ARGUMENT ON BEHALF OF Amicus Curiae

                         4. Learned Amicus Curiae submitted that the

         impugned judgment of conviction and order of sentence are

         unsustainable in law, as well as, on facts. The prosecution has

         failed to establish the charges beyond reasonable doubt. The

         genesis of the occurrence has not been properly proved and the

         case admittedly arose out of a sudden altercation between the

         informant and the accused persons, who are neighbour, over the

         drainage of rainwater. Out of eight prosecution witnesses, P.Ws.

         2, 7 and 8 did not support the prosecution case and were

         declared hostile. The Investigating Officer was not examined,

         which has caused serious prejudice to the appellants, who were

         not given the opportunity to prove material contradictions and

         omissions in the statements of the prosecution witnesses.

         Learned trial Court failed to appreciate that the defence had

         brought on record that there exists previous enmity between the

         parties through Ext. A, which establishes the motive for their

         false implication. The evidence of the interested and related

         witnesses, namely P.Ws. 3, 4 and 5, was accepted without
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         independent corroboration, although the prosecution version

         suffered from material inconsistencies regarding the manner of

         assault and the weapons allegedly used.

                         5. Learned Amicus Curiae further submitted that

         the medical evidence does not support the prosecution allegation

         that the appellants assaulted the injured persons with deadly

         weapons such as farsa and arrows. The doctor (P.W.6) found

         only simple injuries caused by hard and blunt substances and

         did not find any incised or penetrating injury corresponding to

         the alleged use of farsa or arrow. Further defence case is that in

         absence of any material evidence, the learned trial court was

         bound to disbelieve the prosecution case under Sections 307 and

         324 IPC. Once the specific allegations regarding use of deadly

         weapons were found to be unsubstantiated, the entire

         prosecution        case     became        doubtful.   In   the   facts   and

         circumstances of the case, the prosecution failed to prove the

         formation of an unlawful assembly and the individual

         participation of each appellant beyond reasonable doubt. The

         appellants are, therefore, entitled to the benefit of doubt and

         deserve to be acquitted of all the charges.

                         ARGUMENT ON BEHALF OF THE STATE

                         6. Per contra, learned APP appearing for the State
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         while opposing the appeal submitted that the learned District

         court, after considering all the evidences on record and exhibits

         submitted on behalf of the parties during the course of trial, has

         rightly convicted the appellants for said offences.

                         ANALYSIS AND CONCLUSION

                         7. Heard the parties.

                         8. I have perused the lower court records and

         proceedings and also taken note of the arguments canvassed by

         learned counsel appearing on behalf of the parties.

                         9. The learned trial court, on the basis of materials

         as collected during the course of investigation, passed the

         Judgment of conviction and order of sentence dated 31.07.2012

         for the offences under Section 147, 148 and 323 of the IPC.

                         10. During the trial, the prosecution has examined

         altogether eight witnesses, namely:

                         (i) (P.W.-1),- Md. Rasool

                         (ii) (P.W.-2),- Kusheshwar Sah (Hostile)

                         (iii) (P.W.-3),- Binod Kumar Sah

                         (iv) (P.W.-4) ,- Manoj Kumar Sah

                         (v) (P.W.-5),- Subodh Kumar Sah (Informant)

                         (vi) P.W.6 – Dr. Ashok Kumar Thakur

                         (vii) P.W.7 – Bimal Sah (Hostile)
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                         (viii) P.W.8 – Md. Ahmad Hussain (Hostile)

                         11. During the trial, the defence has examined one

         witness, namely, Bijay Kumar Bhagat

                      12. The prosecution has also relied upon following

         documents exhibited during the course of trial:-

                          (i) Ext.1 – Signature of Subodh Kumar Sah on FIR

                          (ii) Ext.2 – Injury Report of Manoj Kumar Sah

                          (iii) Ext.2 a – Injury report of informant Subodh

                          Kumar Sah

                          (iv) Ext.3- Formal FIR

                          (v) Ext. A- Written FIR dated 23.06.1993

                         13. From the perusal of the records the statements

         of the prosecution witnesses are as under:

                         (i) P.W.1-Md. Rasool is an eyewitness. He deposed

         that on hearing alarm he reached the place of occurrence and

         found an altercation between the two sides. He stated that Bablu

         Sah assaulted Subodh Sah with a farsa, Nago Sah assaulted

         Manoj Sah with an arrow and the other accused assaulted

         Subodh Sah, Manoj Sah and Binod Sah with lathis. He further

         stated that the injured were taken to the hospital. In cross-

         examination, nothing material was elicited to discredit his

         testimony.
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                         P.W.2 – Kusheshwar Sah did not support the

         prosecution case and was declared hostile.

                         P.W.3 – Binod Kumar Sah, an injured witness,

         supported the prosecution case. He stated that the accused

         persons assaulted the informant and his family members with

         farsa, arrow and lathis. He attributed specific overt acts to the

         accused persons and remained consistent during cross-

         examination.

                         P.W.4 – Manoj Kumar Sah is the injured victim.

         He fully supported the prosecution version and stated that Nago

         Sah assaulted him with an arrow, while other accused assaulted

         him with lathis and the informant was assaulted with farsa by

         Umesh Sah and Bablu Sah. His testimony remained unshaken in

         cross-examination.

                         P.W.5 – Subodh Kumar Sah (Informant)

         reiterated the allegations made in the fardbeyan regarding the

         dispute over rainwater, the ensuing altercation and the assault by

         the accused persons. He specifically stated that Umesh Sah and

         Bablu Sah assaulted him with farsa and that the remaining

         accused assaulted him and other family members with lathis,

         while Nago Sah assaulted Manoj Sah with an arrow. His

         evidence        remained        substantially       intact   during   cross-
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         examination.

                         P.W.6 – Dr. Ashok Kumar Thakur medically

         examined Manoj Kumar Sah and Subodh Sah. He found three

         simple injuries on Manoj Kumar Sah, namely one lacerated

         wound with bruise over the abdomen and two abrasions, all

         caused by hard and blunt substances. On Subodh Sah, he found

         an abrasion on the head and a bruise on the left wrist, both

         simple in nature. He opined that the injuries were caused by

         hard and blunt or rough substances.

                         P.W.7 – Bimal Sah did not support the prosecution

         case and was declared hostile.

                         P.W.8 – Md. Ahmad Hussain also failed to

         support the prosecution case and was declared hostile.

                         D.W.1, Bijay Kumar Bhagat, a formal witness,

         who proved an earlier written FIR dated 23.06.1993 (Ext. A) to

         suggest previous enmity between the parties.

                         14. The learned trial Court, upon proper analysis of

         the witnesses and the material which came in course of

         investigation, as well as, in course of trial, has given its finding,

         inter alia, as follows:

                                       "6. In order to prove the charges prosecution
                          has examined 8 witnesses. P.W. 1 is Md. Rasool.P.W.2 is
                          Kusheshwar Sah. P.W.3 is Binod Kumar Sah. P.W.4 Manoj
                          Kumar sah is victim himself. P.W.5 Subodh Kumar Jah is
                          infomant himsel P.W.6 is Dr. Ashok Kumar Thakur, who has
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                          examined the victims of this case. P.W.7 is Bimal Sah and
                          P.w.8 is Md. Ahmad Hussain. 1.0. has not been examined in
                          this case by the prosecution. Besides the oral evidences
                          some documents hak also been exhibited by the
                          prosecution.Ext.1 is signature of informant Subodh Kumar
                          sah on the fardbeyar Ext. 2 is injury report of Manoj Kumar
                          Sah. Ext. 2/a is injury report of informant Subodh Sah and
                          Ext. 3 is formal F.I.R.
                                         The accused persons have also examined a
                          witness Bijay Kumar Bhagat in their defence. He is a,
                          formal witness and he has just proved a written F.I.R. dated
                          23.6.93 which was marked Ext. A. It has been proved to
                          show the enemity between the accused persons and P.W.1
                          Md. Rasool.
                                         7. P.W.1 Md. Rasool has fully supported the
                          prosecution case and has stated that his house is in side of
                          house of accused persons and the informant. On hulla he
                          went there and saw that hot discussions and abusing was
                          going on between both sides. Bablu sah gave a blow of
                          farsa on Subodh Sah and Nago Sah assaulted Maroj sah
                          with arrow. Other accused persons assaulted Binod şah,
                          sulod sah and Manoj Sah with lathi. Subodh Sah and Manoj
                          sah became injured and their father Deo Narayan Sah and
                          Satya Narain Sah took them to the hospital. In the cross
                          examination also this witness has supported the prosecution
                          case.Nothin has come in the cross examination which will
                          creat any doubt on the version of the prosecution.
                          Suggestion has ween given to this witress that the informant
                          side assaulted the accused persons. They assaulted Babloo
                          san also. This suggestion itself shows that some occurrence
                          took place.
                                         8. P.ws, 2,7 and 8 were declared hostile by
                          the prosecution because they did not supported the
                          prosecution case and stated before the Court that they knew
                          rothing about the occurrence.
                                         9. P.Ws. 3,4 and 5 are victims of this case.
                          They have also supported the prosecution case fully. They
                          have stated that accused persons assaulted them with farsa,
                          arrow and lathi. They have taken the name of all accused
                          persons: They have also stated that which accused persons
                          assaulted whom. It has also come in the statement of all
                          these 3 witnesses that the accused persons Umesh Sah
                          assaulted the informant with farsa. Nago sssaulted Umesh
                          Sah with arrows. Babloo Sah also assaulted the Informant
                          with farsa. Other accused persons assaulted him with
                          lathis. The statements of all these witnesses are, consistent
                          and there is no any contradiction in their testimony. Even in
                          their cross examination nothing has come which may create
                          any doubt against the statement of the prosecution. During
                          the cross examination the defence has tried to show the
                          enmity between both sides. But only on the basis of enmity
                          statement of witnesses can not be discarded and the defence
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                          has got chance to verify the testimony of the witnesses by
                          lengthy cross examination and gothing has been gain by the
                          defence. Enmity cuts in both ways. S0, this defence is not
                          tenable at all.
                                          9. P.W.6 Dr. Ashok Kumar Thakur who has
                          examined two victims namely Manoj Kumar sah and
                          Subodh sah has stated that he found 3 injuries on the
                          persons of Manoj Sah. Firstly lacerated wound with bruise
                          12" x 2" over abdomen(ii) Abraison over left fore arm.(iii)
                          Abrasion over shoulder over posterior reason. All the
                          injuries were simple in nature and caused by hard and blunt
                          subs-stances. The Doctor has found two injuries on the
                          person of informant Subodh sah. Injury no.1 Abraision over
                          the head with blood clot size 3" X 4" and 2nd injury is
                          bruise over left wrist. He has given opinion that injury no. i
                          cannot be said to be caused by any rough substance. Both
                          the injuries were simple in nature. second injury was
                          caused by hard and blunt substance.
                                          10. On perusal of the statement of Doctor
                          and the witnesses I found that all the injuries on the person
                          of of Manoj sah and Subodh Sah were caused by hard and
                          blunt substance or rough substance. They were simple in
                          nature. No accused tried to repeat the blow of lathi farsa
                          and arrow. This fact shows that the accused persons were
                          not having any intention to cause death to any body. There
                          was no circumstances to stop the accused persons from
                          committing the murder but they did not do so. This fact
                          clearly shows that the accused persons were only having
                          intention to assault the informant and his family members.
                          Therefore, the prosecution has failed to prove the charges'
                          u/s 307 and 324 of I.P.C. proved that the accused persons
                          but the prosecution has forming an unlawful assembly with
                          deadly weapon, and assaulted the informant Manoj Sah and
                          his other family members. Therefore, the prosecution has
                          proved the Offences u/s 147,148 and 323 of I.P.C. beyond
                          the shadow of reasonable doubt on the basis of statement of
                          witnesses Non examination of I.0. will not make any
                          difference on the merit of the prosecution because the
                          statement of all the witnesses are consistent without
                          contradiction and no vital contradiction has been taken
                          from any witness that he did not. gave such statement before
                          the I.0. so, the non examination of I.0. has not made any
                          difference on the merit of the case.
                                          On the basis of the above discussions I came
                          to the conclusion that the prosecution has proved the
                          charge against all the accused persons u/s 147,148 and 323
                          of I.P.C. and I hold ail the 6 accused persons guilty u/s
                          147,148 and 323 of 1.P.C. Balloonds of accused persons
                          are cancelled and they are taken into custody. "
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                         15. To judge the legality of the impugned order of

         conviction, I find it appropriate to reproduce the provisions of

         Sections 299, 323 and 324 of I.P.C. for reappreciating the facts

         and circumstances of the case, which, inter alia, are reproduced

         as under:-

                                              "299. Culpable homicide.—
                                              Whoever causes death by doing an act
                                  with the intention of causing death, or with the
                                  intention of causing such bodily injury as is likely to
                                  cause death, or with the knowledge that he is likely
                                  by such act to cause death, commits the offence of
                                  culpable homicide.
                                              Illustrations
                                              (a)A lays sticks and turf over a pit, with
                                  the intention of thereby causing death, or with the
                                  knowledge that death is likely to be thereby caused.
                                  Z believing the ground to be firm, treads on it, falls
                                  in and is killed. A has committed the offence of
                                  culpable homicide.
                                              (b)A knows Z to be behind a bush. B
                                  does not know it A, intending to cause, or knowing it
                                  to be likely to cause Z’s death, induces B to fire at
                                  the bush. B fires and kills Z. Here B may be guilty of
                                  no offence; but A has committed the offence of
                                  culpable homicide.
                                              (c)A, by shooting at a fowl with intent to
                                  kill and steal it, kills B who is behind a bush; A not
                                  knowing that he was there. Here, although A was
                                  doing an unlawful act, he was not guilty of culpable
                                  homicide, as he did not intend to kill B, or to cause
                                  death by doing an act that he knew was likely to
                                  cause death.
                                              Explanation 1.— A person who causes
                                  bodily injury to another who is labouring under a
                                  disorder, disease or bodily infirmity, and thereby
                                  accelerates the death of that other, shall be deemed
                                  to have caused his death.
                                              Explanation 2.— Where death is caused
                                  by bodily injury, the person who causes such bodily
                                  injury shall be deemed to have caused the death,
                                  although by resorting to proper remedies and skilful
                                  treatment the death might have been prevented.
                                              Explanation 3.— The causing of the
                                  death of child in the mother’s womb is not homicide.
                                  But it may amount to culpable homicide to cause the
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                                  death of a living child, if any part of that child has
                                  been brought forth, though the child may not have
                                  breathed or been completely born.
                                              323. Punishment for voluntarily causing
                                  hurt.—
                                              Whoever, except in the case provided for
                                  by section 334, voluntarily causes hurt, shall be
                                  punished with imprisonment of either description for
                                  a term which may extend to one year, or with fine
                                  which may extend to one thousand rupees, or with
                                  both.
                                              324. Voluntarily causing hurt by
                                  dangerous weapons or means.—
                                              Whoever, except in the case provided for
                                  by section 334, voluntarily causes hurt by means of
                                  any instrument for shooting, stabbing or cutting, or
                                  any instrument which, used as weapon of offence, is
                                  likely to cause death, or by means of fire or any
                                  heated substance, or by means of any poison or any
                                  corrosive substance, or by means of any explosive
                                  substance or by means of any substance which it is
                                  deleterious to the human body to inhale, to swallow,
                                  or to receive into the blood, or by means of any
                                  animal, shall be punished with imprisonment of
                                  either description for a term which may extend to
                                  three years, or with fine, or with both."


                       16. It is well settled that an attempt to commit murder

         must be clearly distinguished from a mere intention to commit

         the offence or from acts that amount only to preparation for its

         commission. The law recognizes that the existence of a guilty

         intention alone is not sufficient to constitute an attempt. There

         must be something more than planning or arranging the means

         to commit the crime. Therefore, in order to secure a conviction,

         the prosecution must prove the presence of a definite intention

         or knowledge to cause death, accompanied by some overt act

         that directly moves towards the execution of that intention. In
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         other words, the accused must not only possess the intention to

         commit murder but must also perform an act that clearly

         demonstrates the commencement of the offence.

                         17. The Apex Court laid down the litmus test for

         determination of nature of offence in Pulicherla Nagaraju v.

         State of A.P. reported in (2007) 1 SCC (Cri) 500. In the facts

         and circumstances of a particular case, the Court needs to decide

         the pivotal question of existence of intention with care and

         caution. The following factors needs to be examined:

                 "(i) nature of the weapon used;
                 (ii)whether the weapon was carried by the accused or
                 was picked up from the spot;
                 (iii) whether the blow is aimed at a vital part of the body;
                 (iv) the amount of force employed in causing injury;
                 (v) whether the act was in the course of sudden quarrel or
                 sudden fight or free for all fight;
                 (vi) whether the incident occurs by chance or whether
                 there was any premeditation;
                 (vii) whether there was any prior enmity or whether the
                 deceased was a stranger;
                 (viii)whether there was any grave and sudden
                 provocation, and if so, the cause for such provocation;
                 (ix) whether it was in the heat of passion;
                 (x) whether the person inflicting the injury has taken
                 undue advantage or has acted in a cruel and unusual
                 manner;
                 (xi) whether the accused dealt a single blow or several
                 blows."


                      18. The similar question came up before the Supreme

         Court in the case of Joseph v. State of Kerala, reported in 1995

         SCC (Cri) 165 has observed in para 3 which is reproduced
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         hereinafter:

                                                       “3. In this appeal the learned
                                          counsel for the appellant submits that the
                                          intention to cause the injury which was found
                                          sufficient to cause the death in the ordinary
                                          course of the nature was not established. In
                                          support of this submission he relied on the
                                          circumstances namely that the whole incident
                                          took place because of a trivial incident which
                                          resulted in a quarrel and that the weapon
                                          used was only a lathi and in the
                                          circumstances it cannot be said that the
                                          accused intended to cause the death by
                                          inflicting that particular injury which
                                          objectively was proved by the medical
                                          evidence to be sufficient in the ordinary
                                          course of nature to cause death. In other
                                          words he submits that clause 3rdly of Section
                                          300 IPC is not attracted in this case. We find
                                          considerable force in the submission. The
                                          weapon used is not a deadly weapon as
                                          rightly contended by the learned counsel. The
                                          whole occurrence was a result of a trivial
                                          incident and in those circumstances the
                                          accused dealt two blows on the head with a
                                          lathi, therefore, it cannot be stated that he
                                          intended to cause the injury which is
                                          sufficient (sic). At the most it can be said that
                                          by inflicting such injuries he had knowledge
                                          that he was likely to cause the death. In
                                          which case the offence committed by him
                                          would be culpable homicide not amounting
                                          to murder. We accordingly set aside the
                                          conviction of the appellant under Section 302
                                          IPC and the sentence of imprisonment for life
                                          awarded thereunder. Instead we convict the
                                          appellant under Section 304 Part II IPC and
                                          sentence him to five years' RI.”


                          19.The judgment of Joseph (supra) was referred

         by the Apex Court in the case of Jugatram Vs. State of

         Chhattisgarh, reported in (2020) 9 SCC 520.

                      20. In view of the aforesaid discussion of the factual
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         and legal aspects, and upon a comprehensive re-appreciation of

         the entire oral and documentary evidence available on record,

         this Court finds that certain discrepancies have surfaced in the

         prosecution evidence. While P.W.-3, P.W.-4 and P.W.-5 have

         stated that the arrow was removed from the abdomen of the

         injured at the hospital, the medical evidence does not

         corroborate the said assertion, as the doctor has nowhere stated

         that he had extracted the arrow from the abdomen of Manoj Sah.

         There are also material inconsistencies regarding the persons

         who took the injured to the hospital. Whereas P.W.-1 stated that

         the father of the victims, namely Dev Narayan Sah and

         Satyanarayan Sah, had taken the injured to the hospital, P.W.-4

         stated that the villagers and other witnesses had taken them,

         while P.W.-5 merely deposed that he himself had gone to the

         hospital. It is further evident that only P.W.-5 has stated that the

         accused persons had also instituted a criminal case against the

         prosecution side, which indicate the existence of prior enmity

         and revenge leading to lodging of a case and counter-case.

         Significantly, the Investigating Officer has not been examined

         depriving the defence to the opportunity to prove contradictions

         in the statements of the prosecution witnesses and to test the

         fairness of the investigation. Moreover, neither the alleged
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         arrow nor the farsa was recovered during investigation, and the

         alleged weapon of offence was never produced or exhibited

         before the Court.

                      21. These deficiencies and inconsistencies are not of

         such a nature as to demolish the core of the prosecution case or

         render the ocular evidence of the injured witnesses unreliable.

         The evidence of the injured witnesses inspires confidence and

         stands substantially corroborated by the medical evidence

         regarding the nature of the injuries sustained by them. The

         omissions on the part of the Investigating Officer and the non-

         recovery of the weapon are lapses in investigation, which by

         themselves cannot be made a ground to discard otherwise

         credible and trustworthy evidence. This Court, therefore, does

         not find any illegality, perversity or infirmity in the appreciation

         of evidence by the learned Trial Court while recording the

         conviction of the appellants, however, appellants were released

         on probation of good conduct under Section 4 of the Probation

         of Offenders Act, 1958, upon their executing bonds to maintain

         peace and good behaviour for a period of one year. I find that

         the appellants have already been released vide order/judgment

         dated 31.07.2012 and no adverse report against the appellants is

         placed before this Court, they are accordingly directed to be
             Patna High Court CR. APP (SJ) No.702 of 2012 dt.02-07-2026
                                                        17/17




                      released.

                                   22. Accordingly, the present appeal is allowed.

                                   23. The Patna High Court Legal Services Committee

                      is, hereby, directed to pay a sum of Rs. 10,000/- (Rupees Ten

                      Thousand) to Mr. Sanjay Kumar, learned Amicus Curiae, as

                      consolidated fee, for rendering his valuable professional service

                      for disposal of the present appeal.

                                   24. Office is directed to send back the lower court

                      records along with a copy of the judgment to the learned District

                      Court forthwith.


                                                          (Purnendu Singh, J)

Niraj/-
AFR/NAFR                A.F.R.
CAV DATE                N/A
Uploading Date          08.07.2026
Transmission Date       08.07.2026


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