Patna High Court
Tilak Yadav @ Navnit Kumar Singh vs The State Of Bihar on 3 October, 2024
Author: Ashutosh Kumar
Bench: Ashutosh Kumar, Khatim Reza
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.564 of 2021
Arising Out of PS. Case No.-257 Year-2018 Thana- NOKHA District- Rohtas
======================================================
Tilak Yadav @ Navnit Kumar Singh, Son of Jag Narayan Singh Resident of
Village- Shivpur, P.S.- Nokha, District- Rohtas.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 588 of 2021
Arising Out of PS. Case No.-257 Year-2018 Thana- NOKHA District- Rohtas
======================================================
Rakesh Pandey @ Rakesh Choubey, Son of Dharbharan Pandey @
Manbharan Choubey R/o Village- Ghosiyan, P.S.- Nokha, District- Rohtas at
Sasaram.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 564 of 2021)
For the Appellant/s : Mr. Baxi S.R.P. Sinha, Sr. Adv.
Mr. Brajesh Prasad Gupta, Adv.
For the Respondent/s : Mr. Abhimanyu Sharma, APP
(In CRIMINAL APPEAL (DB) No. 588 of 2021)
For the Appellant/s : Mr. Rajiv Ranjan Kr. Pandey, Adv.
For the Respondent/s : Mr. Abhimanyu Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and
HONOURABLE MR. JUSTICE KHATIM REZA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 03-10-2024
Both the appeals have been heard together and
are being disposed of by this common judgment.
Patna High Court CR. APP (DB) No.564 of 2021 dt.03-10-2024
2/16
2. We have heard Sri Bakshi S.R.P. Sinha,
learned Senior Advocate for appellant/Tilak Yadav @
Navnit Kumar Singh [in Cr. App (DB) No. 564 of 2021]
and Sri Rajiv Ranjan Kumar Pandey, learned Advocate for
the appellant/Rakesh Pandey @ Rakesh Choubey [in Cr.
App (DB) No. 588 of 2021].
3. Both the appellants have been convicted under
Sections 302, 201/34 of the IPC and Section 3(2)(v) of
the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities)Act, 1989 vide order dated
29.06.2021
passed by the learned 1 st Additional District &
Sessions Judge-cum-Special Judge, Rohtas at Sasaram in
connection with CIS No. 281 of 2018, arising out of Nokha
P.S. Case No. 257 of 2018. By order dated 03.07.2021
they have been sentenced to undergo imprisonment for
life, to pay a fine of Rs. 10,000/- each and in default of
payment of fine to further suffer R.I. for six months under
Section 302 r/w Section 34 of the IPC and to undergo R.I.
for seven years, to pay a fine of Rs. 5000/- each and in
Patna High Court CR. APP (DB) No.564 of 2021 dt.03-10-2024
default of payment of fine to further suffer R.I. for three
months under Sections 201 r/w Section 34 of the IPC.
4. One Chhote Lal Ram is said to have been killed
by the appellants and his dead body was thrown in a
village pond. The evidence against the appellants is that
they had accompanied the deceased to village Ghosiyan to
drop appellant/Rakesh Pandey @ Rakesh Choubey, who
had come to the village as a priest for performing
Vishwakarma Puja.
5. A written report was lodged by father of the
deceased, viz., Baban Ram (PW-4) on 18.09.2018 alleging
that on the insistence of appellant/Tilak Yadav @ Navnit
Kumar Singh, the deceased went along with him and the
priest/Rakesh Pandey @ Rakesh Choubey to village
Goshiyan on a motorcycle. When the deceased did not
return home for a long time, PW-4 tried to contact him on
his mobile telephone, but the same remained unattended.
He could, however, hear the shrieks on the telephone.
Later, PW-4 along with his family members went in search
Patna High Court CR. APP (DB) No.564 of 2021 dt.03-10-2024
of the deceased. On reaching village Goshiyan, they found
the motorcycle of the deceased parked near a pond. The
keys of the motorcycle were still in the ignition point. The
motorcycle was brought back home but no clue could be
found about the son of PW-4. Later the dead body of the
deceased was recovered from the pond. Since there was a
monetary dispute of the family with appellant/Tilak Yadav
@ Navnit Kumar Singh, PW-4 suspected the hands of both
the appellants; appellant/Rakesh Pandey @ Rakesh
Choubey having come to the village on the asking of
appellant/Tilak Yadav @ Navnit Kumar Singh for
performing Vishwakarma Puja.
6. On the basis of the aforenoted written report
by PW-4, a case vide Nokha P.S. Case No. 257 of 2018
dated 18.09.2018 was registered for investigation under
Sections 302, 201 and 34 of the IPC and Section 3(2) (v)
of the SC/ST Prevention of Atrocities Act.
7. The police after investigation submitted charge-
sheet against the appellants, whereupon they were tried.
Patna High Court CR. APP (DB) No.564 of 2021 dt.03-10-2024
8. The learned Trial Court after having examined
seven witnesses on behalf of the prosecution including the
doctor and the investigator, viz., PWs-6 and PW-7
convicted and sentenced the appellants as aforesaid.
9. While assailing the Trial Court judgment, Mr.
Sinha, learned senior Advocate and Mr. Pandey learned
Advocate have pointed out that the accusation against the
appellants is based on unfounded suspicion. The
investigation of the case was absolutely shoddy and no
effort was made by the investigator (PW-7) to find out
about the real cause of death.
10. Mr. Abhimanyu Sharma, learned APP, on the
other hand, has submitted that there is a strong
circumstance at least against appellant/Tilak Yadav @
Navnit Kumar Singh because he insisted the deceased to
come along with him for dropping appellant/Rakesh Pandey
@ Rakesh Choubey at his village home. Later,
appellant/Tilak Yadav @ Navnit Kumar Singh came back
Patna High Court CR. APP (DB) No.564 of 2021 dt.03-10-2024
home but did not inform anything to the family of the
deceased.
11. After having gone through the Trial Court
records, we have found that almost all the witnesses are
related to the deceased that would not have made much of
a difference but their deposition is based solely on
suspicion.
12. It has also come during the evidence that
initially the police was reluctant to register the case,
thinking it to be an expression of wild suspicion against the
appellants but it appears that the villagers threatened to
blockade the road. Sensing the retaliation of the irate
villagers, the case was registered.
13. The postmortem report as also the evidence
of the doctor Rajeev Ranjan (PW-6) reveals that there was
only one ante-morten injury on the body the deceased.
14. The postmortem examination was held on
18.09.2018. There was a swelling of the size of 1'' x ¼ ''
over the left side of temporal bone with bleeding through
Patna High Court CR. APP (DB) No.564 of 2021 dt.03-10-2024
both the nostrils. The left side of the temporal bone was
found to have been fractured. Meninges and brain
substances were lacerated. A huge amount of blood was
found subdural over the fractured part of the skull. There
were no other injuries. The laryngs and trachea were
normal. There was no froth found in the bony cage of the
chest.
15. The cause of the death was assessed to be
sub-dural heamotoma because of the aforenoted head
injury. The time of death was placed at 6 to 24 hrs
approximately from the time of the postmortem
examination.
16. On being questioned specifically, PW-6
(doctor) has admitted that the aforenoted injury could
have been caused because of fall on the hard substance.
There was no injury found on the leg. The undigested food
material in the stomach was approximately only 3 hours
old. At the time of postmortem examination, there was
rigor mortis all over the dead body.
Patna High Court CR. APP (DB) No.564 of 2021 dt.03-10-2024
17. What must have happened?
18. The story unfolded by the prosecution is that
Tilak Yadav @ Navnit Kumar Singh had purchased an
auto-rickshaw and therefore, on the Vishwakarma Puja
day, a puja was performed. Rakesh Pandey @ Rakesh
Choubey of Goshiyan village was called to lead the
ceremony as a priest. After the puja was over, Tilak Yadav
@ Navnit Kumar Singh requested the deceased to come
with his motorcycle for dropping Rakesh Pandey @ Rakesh
Choubey to his village home. With initial reluctance as
narrated by the father of the deceased (PW-4), the
deceased went along with the appellants, never to return.
Later, the motorcycle of the deceased was found near a
pond. Sometimes after that, the dead body was recovered
from the pond.
19. The prosecution has tried to improve upon the
story by introducing that the motorcycle was left at the
place of occurrence i.e. near the pond. When the police
visited the site, the motorcycle was not there. In fact, PW-
Patna High Court CR. APP (DB) No.564 of 2021 dt.03-10-2024
4 has himself admitted that his son-in-law brought back
the motorcycle in question to his home in the night. PW-4
was not even sure as to who was the registered owner of
the motorcycle.
20. We are at a loss to understand as to why the
investigator did not inquire about the motorcycle as many
things would have been discovered/unearthed, if the
details about such motorcycle were inquired.
21. With the absence of the motorcycle at the
scene of the occurrence and no investigation having been
done on that account, there would be force in the
submission of the learned Advocates for the appellants
that the entire story of PW-4, his family members and
friends having seen the motorcycle near the pond in village
Goshiyan stands unproved.
22. In that circumstance, we have also seen the
effort of PW-1/Rina Devi, the Bhabhi of the deceased to fill
in the gaps of the prosecution. Unfortunately, her story
had no other data. She though does not claim to be eye
Patna High Court CR. APP (DB) No.564 of 2021 dt.03-10-2024
witness to the occurrence, but at the time of recovery of
the dead body, she was present at the spot. She found
that the dead body was wrapped in a banana leaf and was
tied with a brick and then thrown in the pond.
23. This story perhaps was introduced only for
the purposes of creating a circumstance that the appellants
were in the company of the deceased, the motorcycle
which was used for conveyance was not taken away, the
mobile telephone of the deceased remained with him but in
order to avenge some enmity about which there is no
record, the deceased was done to death.
24. This whole idea got busted with the
postmortem examination when no injury was found on the
leg. In fact, the investigator has also admitted that except
for PW-1 nobody talked about the dead body having been
tied in a banana leaf and for attaching weight to it, a brick
was tied to the legs of the deceased and then the dead
body was thrown in the pond.
Patna High Court CR. APP (DB) No.564 of 2021 dt.03-10-2024
25. The entire story, therefore, becomes very
doubtful.
26. While allowing the deceased to accompany
the appellants, knowing fully well that appellant/ Tilak
Yadav @ Navnit Kumar Singh had some monetary dispute,
PW-4 never talked about the purpose of the visit of
appellant/Rakesh Pandey @ Rakesh Choubey.
27. The deceased according to the records is a
tempo driver who does not own his own vehicle. PW-4 did
not state about appellant/Tilak Yadav @ Navnit Kumar
Singh having purchased an auto-rickshaw.
28. The only reference of monetary dispute with
clarity is by PW-1, viz., that Tilak Yadav @ Navnit Kumar
Singh had borrowed Rs. 50,000/- from the deceased for
purchase of the aforenoted auto-rickshaw and on such
demand of the money, Tilak Yadav @ Navnit Kumar Singh
became angry and was in a look out for harming the
deceased.
Patna High Court CR. APP (DB) No.564 of 2021 dt.03-10-2024
29. This story has been narrated only by PW-1
and none else. This also does not appear to be probable
for the reason that perhaps the deceased also drove the
auto-rickshaw of Tilak Yadav @ Navnit Kumar Singh.
30. One of the uncles of the deceased, viz., Shiv
Dayal Ram (PW-2) has categorically stated that both the
deceased and the appellant/ Tilak Yadav @ Navnit Kumar
Singh were on good terms and that he had never heard
about any bad blood between them or between the
appellants and the family of the deceased. Likewise, Ram
Ji Ram another uncle of the deceased (PW-5) only told the
Court what was told to him by PW-4, the father of the
deceased. The mother of the deceased, viz., Shiv Kumari
Devi (PW-3) has also narrated the same story about the
deceased being accompanied by the appellants,
whereafter, his dead body was recovered.
31. It appears that all attempts have been made
to make it look like a case of circumstantial evidence
where the appellants were last seen with the deceased and
Patna High Court CR. APP (DB) No.564 of 2021 dt.03-10-2024
the motorcycle belonging to the deceased was recovered
from near the pond from where the dead body was
recovered.
32. Had it only been this, perhaps the prosecution
would have succeeded in making out a case of a very
strong circumstantial evidence against the appellants.
33. However, with no record of the motorcycle
having been found at the scene of occurrence and the
deceased sieved out from the pond presents a different
picture altogether. The deceased may have fallen down
and drowned himself while returning from Goshiyan
village. The deceased may have been waylaid and thrown
in the pond.
34. This possibility does not appear to be true for
the reason that the personal belongings of the deceased
remained with him. There was no evidence of anybody
purloining anything from the person of the deceased.
35. We have serious doubts about the motorcycle
being found by the witnesses near the pond.
Patna High Court CR. APP (DB) No.564 of 2021 dt.03-10-2024
36. Thus, for all practical purposes except for
suspicion and that also a wild one, there is no other
evidence to connect the appellants with the offence.
37. So far as appellant Rakesh Pandey @ Rakesh
Choubey is concerned, he is a person of a different village
and had come to the village of the deceased only for
performing the puja as a priest. He had no connection with
the family of the deceased. There is no reason why he
ought to have been made accused in this case.
38. The facts of this case presents a typical
example of the investigator completely abandoning his
responsibilities and duties.
39. Times without number the Supreme Court as
well as this Court has clarified that there is a huge gap
between the "may have" and "must have". A conviction
cannot be recorded on mere suspicion. Circumstantial
evidence can be taken into consideration, but it can only be
relied upon for convicting an accused, if the postulates
admit of no other possibility.
Patna High Court CR. APP (DB) No.564 of 2021 dt.03-10-2024
40. In the present case, there are all lose ends in
the investigation without unerringly pointing towards the
only hypothesis of the guilt of the appellants. The
prosecution has failed to prove the case beyond all
reasonable doubts.
41. We do not concur with the opinion of the Trial
Court.
42. The same is rejected.
43. Appellant/Tilak @ Navneet Kumar Singh [Cr.
Appeal (DB) No. 564 of 2021] is in jail for the last 12½
years. He is directed to be released from jail forthwith, if
not required or detained in any other case.
44. Appellant/Rakesh Pandey @ Rakesh Choubey
[Cr. Appeal (DB) No. 588 of 2021] is on bail. He is
discharged from the liabilities of his bail bonds.
45. Both the appeals are allowed.
46. Let a copy of this judgment be dispatched to
the Superintendent of the concerned Jail forthwith for
compliance and record.
Patna High Court CR. APP (DB) No.564 of 2021 dt.03-10-2024
47. The records of this case be returned to the
Trial Court forthwith.
48. Interlocutory application/s, if any, also stand
disposed off accordingly.
(Ashutosh Kumar, J)
(Khatim Reza, J)
prabhat/krishna
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 04.10.2024
Transmission Date 04.10.2024
