Citation : 2026 Latest Caselaw 825 Patna
Judgement Date : 15 April, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1162 of 2024
Arising Out of PS. Case No.-331 Year-2008 Thana- KHAJAULI District- Madhubani
======================================================
Pappu Kumar Rai @ Pappu Rai @ Pappu Ray, Son of Bauku Rai @ Bauku
Ray, R/O Vill.- Dhatta Tole, Maharajpur, P.S.- Khajauli, Dist.- Madhubani.
... ... Appellant
Versus
1. The State of Bihar
2. Subodh Kumar Shrivastava @ Subodh Shrivastava, Son of Surendra Kumar
Shrivastava, R/O Vill.- Maharajpur, Dhatta Tole, P.S.- Khajauli, Dist.-
Madhubani.
3. Raman Kumar Shrivastava, Son of Surendra Kumar Shrivastava, R/O Vill.-
Maharajpur, Dhatta Tole, P.S.- Khajauli, Dist.- Madhubani.
4. Bhawan Kumar Shrivastava, Son of Surendra Kumar Shrivastava, R/O Vill.-
Maharajpur, Dhatta Tole, P.S.- Khajauli, Dist.- Madhubani.
... ... Respondents
======================================================
Appearance :
For the Appellant : Mr. Murari Narain Chaudhary, Advocate
Mr. Vijay Kumar, Advocate
For the State : Mr. Binod Bihari Singh, Addl.PP
For the Resp Nos. 2 to 4 : Mr. Ugranath Mallik, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
Date : 15-04-2026
Heard learned counsel for the appellant, learned counsel
for the Respondent Nos. 2 to 4 and learned Additional Public
Prosecutor for the State.
2. The present appeal arises out of judgment of acquittal
dated 27.02.2024 (hereinafter referred to as the 'impugned
judgment') passed by learned 5th Additional Sessions Judge,
Madhubani (hereinafter referred to as the 'learned trial court') in
Sessions Trial No. 49 of 2012 (CIS No. 2657 of 2013) arising out of Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
Khajauli P.S. Case No. 331 of 2008 whereby and whereunder
Respondent Nos. 2, 3 and 4 were acquitted of the charges levelled
against them under Sections 447, 427, 379 and 302 of the Indian
Penal Code (in short 'IPC')
Prosecution Case
3. The prosecution case is based on the fardbeyan of
Somni Devi (since deceased) recorded on 05.11.2008 at 19:45 Hours
at Khajauli PHC by Umesh Singh, ASI of Khajauli Police Station.
She alleged that on 05.11.2008 at 07:00 AM, when she was at her
home, (1) Subodh Kumar Shrivastava came at her house and told her
to vacate the house because Subodh Shrivastava had purchased the
house. She told him that there was no one at home, how she can
vacate the house. In the meantime, (2) Raman Shrivastava and (3)
Bhawan Shrivastava also came there. All of them started to uproot
the tat. She again told the accused persons that when her son,
namely, Pappu Rai come, she will vacate the house but all of them
broke the tat of the house and took away rice, wheat, moong etc. She
further alleged that Subodh Shrivastava caught hold of her hair and
tried to assault her. She tried to run but in the paddy field adjacent to
her house, Subodh Shrivastava dragged her down as a result of
which her left hand and both the legs became senseless. The quarrel
took place due to vacating of the house. She stated that Sunaina
Devi, Pappu Rai and other villagers were witnesses to the incident. Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
4. Later on, one another fardbeyan of Pappu Kumar Rai,
son of Somni Devi (since deceased) was recorded by ASI, Jagdish
Oraon, Benta OP, Dharbhanga on 09.11.2008 at 10:00 Hours at
DMCH in the Unit of Dr. Nand Kumar Unit. This was recorded after
the death of Somni Devi and he stated that on 05.11.2008 at 05:00
AM, he had gone to Kamlakaat Ghat on the occasion of Chhath Puja
and after the Puja when he returned home then on the disputed land,
(1) Subodh Kumar Shrivastava, (2) Raman Kumar Shrivastava and
(3) Bhawan Kumar Shrivastava were assaulting his mother and wife.
When he went to rescue them, they tried to assault him whereafter he
fled towards village and hid himself. After some time, when he came
back, he saw that his mother was lying senseless in the cattle house
and was in pain. On asking, her mother told him that (1) Subodh
Kumar Shrivastava, (2) Raman Kumar Shrivastava and (3) Bhawan
Kumar Shrivastava had abused her, broke the tat of the house and
had come to set fire to which she protested, then they assaulted her
causing grievous injuries and her daughter-in-law as well. He took
her mother to Khajauli Hospital for treatment and in Khajauli
Hospital, she had given her fardbeyan to the police. After the
treatment the doctor referred her to DMCH for proper treatment and
during the course of treatment at DMCH, his mother died.
5. On the basis of the fardbeyan of the informant Somni
Devi, Khajauli P.S. Case No. 331 of 2008 dated 05.11.2008 was Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
registered against Respondent Nos. 2, 3 and 4 under Sections 447,
341, 323, 427, 379, 354/34 IPC, later on after the death of Somni
Devi, Section 302 was also added.
6. After investigation, police submitted chargesheet
bearing Chargesheet No. 34 of 2010 dated 18.09.2010 against
Subodh Kumar Shrivastava under Section 302 IPC keeping
investigation pending against Raman Shrivastava and Bhawan
Shrivastava. Later on, a supplementary chargesheet bearing
Chargesheet No. 27 of 2011 dated 10.06.2011 was submitted against
Raman Shrivastava and Bhawan Shrivastava under Section 302/34
IPC.
7. On the basis of these chargesheets, learned Chief
Judicial Magistrate, Madhubani vide order dated 03.12.2010 took
cognizance for the offences punishable under Section 302 IPC and
committed the records to the court of Sessions.
8. Charges were explained to Respondent Nos. 2, 3 and 4
to which they pleaded not guilty and claimed to be tried.
Accordingly, vide order dated 06.12.2012 charges were framed
under Sections 447, 427, 379 and 302/34 IPC against Respondent
Nos. 2, 3 and 4.
9. In course of trial, the prosecution examined as many as
five witnesses and got exhibited various documentary evidence. The
description of the prosecution witnesses and the list of documents Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
exhibited on behalf of prosecution are provided hereunder for ready
reference in a tabular form:-
List of Prosecution Witnesses
Prosecution Name of Witness Description Witness No. 1 Sunaina Daughter-in-law of deceased 2 Reshma Devi Mother-in-law of deceased 3 Bablu Rai Son of deceased 4 Bauku Rai Husband of deceased 5 Pappu Rai Son of deceased
List of Exhibits on behalf of Prosecution
Exhibit No. Description of the Exhibit Proved by/ Attested by 1 Signature of Pappu Rai on PW-5 fardbeyan recorded at PHC Khajauli 1/a Signature of Pappu Rai on PW-5 fardbeyan recorded at DMCH, Darbhanga.
1/b Signature of Pappu Rai on the PW-5
Inquest Report
10. Thereafter, the statements of Respondent Nos. 2, 3 and
4 were recorded under Section 313 of the Code of Criminal
Procedure (in short 'CrPC'). The Respondent Nos. 2, 3 and 4 in
their 313 CrPC statement denied the allegations and pleaded
innocence.
Findings of the Learned Trial Court
11. Learned trial court after analysing the evidences
available on the record found that there are many contradictions in
the evidences. Learned trial court found that no independent witness Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
has been examined by the prosecution though it has come in
evidence that there were many villagers at the place of occurrence.
Learned trial court found that PW-4 stated that his wife told him
about the occurrence and PW-5 fled away from the place of
occurrence, hence, neither PW-4 nor PW-5 are eye witnesses.
12. Learned trial court further found that the fardbeyan of
Sunaina Devi cannot be said to be a dying declaration. Learned trial
court found that there is no certificate from the Doctor that the
victim was in a fit condition to give statement as also the ASI
Khajauli Police Station who recorded her fardbeyan or even the
doctor who was treating her have not be examined.
13. Learned trial court found that the Investigating Officer
has not been examined and his non-examination has proved fatal to
the prosecution. Learned trial court observed that fardbeyan cannot
be the sole basis for conviction.
14. Learned trial court further found that the Doctor who
conducted post-mortem has not been examined and the post-mortem
report has not been proved, hence, the prosecution failed to establish
the cause of death of the deceased.
15. Learned trial court after considering all the facts and
circumstances of the case held that the prosecution has failed to
prove the charges levelled against Respondent Nos. 2, 3 and 4
beyond all reasonable doubts, hence, Respondent Nos. 2, 3 and 4 Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
have been acquitted of the charges under Sections 447, 427, 379 and
302 IPC.
Submissions on behalf of the Appellant
16. Learned counsel for the informant-appellant has
assailed the impugned judgment of acquittal on the ground that the
learned trial court has completely overlooked the materials available
on the record. The trial court has not taken into consideration that
the deceased had expired after recording her statement and such
statement was recorded when she was fully conscious and was
capable of giving her statement.
17. Learned counsel submits that the learned trial court has
also failed to appreciate that Sunaina Devi (PW-1) was an
eyewitness to the alleged occurrence, who in her deposition fully
narrated the manner of incident. It is submitted that the learned trial
court has wrongly disbelieved the deposition of Reshma Devi (PW-
2) who happens to be the mother-in-law of the deceased and had
witnessed the whole incident with her naked eyes.
18. Learned counsel submits that the learned trial court has
overlooked the fact that the second informant of this case, namely,
Pappu Rai (PW-5) was although not an eyewitness to the alleged
occurrence but he was narrated the whole incident by his deceased
mother and has reproduced the same.
Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
19. Learned counsel further submits that the learned trial
court could not appreciate that it was for the prosecution to make
appear all the witnesses who could have deposed the truth and for
this purpose, the learned trial court could have taken efforts.
Submissions on behalf of the Respondents
20. On the other hand, learned Additional Public
Prosecutor for the State as well as learned counsel for the
Respondent Nos. 2 to 4 would submit that the learned trial court has
duly appreciated the evidences available on the record. The
prosecution examined five witnesses who are all closely related to
the deceased. The learned trial court has found that the charge
against the accused persons are in furtherance of common intention,
the accused persons committed murder of Somni Devi, voluntarily
restrained her and also attacked her with an intention to commit
murder. The learned trial court has recorded that the court made
repeated attempts for the examination of the Doctor to procure his
presence before the court for evidence but the Doctor did not turn up
for evidence. The postmortem report has not been brought into
evidence by the prosecution. There is no eyewitness in this case and
the cause of death cannot be ascertained.
21. Learned counsel further submits that the learned trial
court has duly considered as to whether the fardbeyan may be
treated as dying declaration. It has been held that in this case, the Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
informant was admitted at P.H.C., Khajauli and her fardbeyan was
recorded on the same day at 19:45 Hours. Later, it has come in
evidence that she was referred to DMCH, Darbhanga and died
during course of treatment. Thus, during this period, she was
admitted in the hospital but there was no certificate from the Doctor
that the victim was in a fit condition to make statement. The I.O. of
the case has also not been examined by the prosecution. The ASI
who had recorded the fardbeyan has not been examined and this
would prove fatal to the prosecution. Learned counsel, therefore,
submits that the judgment of acquittal is based on cogent reasons
deduced from the evidences available on the record, hence, no
perversity may be found in the impugned judgment.
Consideration
22. Having heard learned counsel for the appellant, learned
Additional Public Prosecutor for the State and learned counsel for
the Respondent Nos. 2 to 4 as also on perusal of the records, this
Court finds that as per the prosecution case, the informant Somni
Devi recorded her statement on 05.11.2008 at 19:45 Hours at
Khajauli PHC by Umesh Singh, ASI of Khajauli P.S. in which she
alleged that on 05.11.2008 at 07:00 AM she was at her home.
Subodh Kumar Shrivastava came at her house and told her to vacate
the house because Subodh had purchased the house. She told him
that there was no one at home and then Raman Shrivastava and Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
Bhawan Shrivastava also came there. All of them started uprooting
the taat of the house. She told them that her son Pappu Rai will
come and then she will vacate the house but all of them broke the
taat of the house and took her rice, wheat, moong etc. Subodh
Shrivastava caught hold of her hair and tried to assault her. She tried
to run but in the paddy field adjacent to her house he dragged her
down as such her left hand and both the legs became senseless. It is
alleged that the quarrel took place due to the dispute over the house.
The informant claimed that Sunaina Devi and others were witnesses
to the incident.
23. This Court further finds that later on, fardbeyan of
Pappu Kumar Rai, who is the son of the deceased, was recorded by
ASI Jagdish Oraon, Benta O.P., Darbhanga on 09.11.2008 at 10:00
Hours at DMCH in the unit of Dr. Nand Kumar. This statement was
recorded after death of Somni Devi. In his statement, Pappu Kumar
Rai alleged that on 05.11.2008 at 05:00 AM he had gone to
Kamlakat Ghat on the occasion of Chhath Puja and after Puja when
he returned home then on the disputed land Subodh Kumar
Shrivastava, Raman Kumar Shrivastava, Bhawan Kumar
Shrivastava and his villagers were assaulting his mother and wife
and when he went for the rescue, then they tried to assault him. He
fled towards village and hid himself. After some time, when he
came back, he saw that his mother was lying senseless in the cattle Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
house and was in pain. She told that Subodh Kumar Shrivastava,
Raman Kumar Shrivastava and Bhawan Kumar Shrivastava had
abused him and broken the taat of the house and had given order to
lit fire. When she had made protest then they assaulted her and also
to her daughter-in-law. He took her to Khajauli Hospital for the
treatment and in Khajauli, she had given her fardbeyan to the police.
After treatment by the Doctor, she was referred to DMCH for proper
treatment and during the course of treatment at DMCH, his mother
died.
24. It appears on perusal of the records that in this case, the
prosecution has examined Sunania Devi (PW-1), Reshma Devi (PW-
2), Bablu Rai (PW-3), Bauku Rai (PW-4) and Pappu Rai (PW-5).
PW-1 is the daughter-in-law of the deceased. She has claimed that
on the date of occurrence, she was with her mother-in-law sitting at
the door of the house. Subodh Kumar Shrivastava, Raman Kumar
Shrivastava, Bhawan Kumar Shrivastava came and they twisted the
neck (kanth) of Somni Devi and threw her in the paddy field. In her
cross-examination, she has stated that both the parties had land
dispute and litigation was going on. She was not aware whether her
father-in-law Bauku Rai had sold the land to the accused persons or
not. In paragraph '8' of her deposition, she has stated that when the
accused persons came, except her nobody else was there near her
mother-in-law. She has specifically stated that her husband and Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
father-in-law had not come. In paragraph '9', she has stated that
after 5-7 days of the occurrence, her husband came and after 10 days
of the occurrence, her father-in-law came. In paragraph '10' of her
deposition, PW-1 has stated that her mother-in-law had become
unconscious during the occurrence and she died in the unconscious
condition. Her treatment had taken place at Darbhanga and nowhere
else. This witness has stated that the occurrence took place in the
cattle shed. The case was lodged three days after the death and it
was lodged by her father-in-law Bauku Rai. Police had come to her
house three days after the death of her mother-in-law.
25. Reshma Devi (PW-2) is the mother-in-law of the
deceased. She has stated that her daughter-in-law Somni Devi
returned from Chhath Ghat then Subodh Kumar Shrivastava, Raman
Kumar Shrivastava and Bhawan Kumar Shrivastava asked Somni
Devi to vacate the house. She did not vacate the house, therefore,
Subodh Kumar Shrivastava, Raman Kumar Shrivastava and Bhawan
Kumar Shrivastava started uprooting the house and they pressed the
neck of her daughter-in-law and hanged her. She was taken to
Khajauli but Doctor did not admit her and then she was taken to
Darbhanga where during treatment she died after three days. In her
cross-examination, this witness has stated that she can see only up to
2-3 hands distance and she cannot see more than that. In her cross-
examination, she had stated that Somni had returned from Ghat at Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
07-08:00 AM. She claimed that Ganga Prasad Rai and many other
people had come at the place of occurrence and they had seen the
occurrence.
26. Bablu Rai (PW-3) is the son of the deceased. He has
stated that at the time of occurrence, he had gone to bandh to see his
field. His bhabhi and mother were present in the baithka. This
witness has specifically stated in paragraph '4' of his deposition that
his father was not present there at the time of occurrence and he
returned on 8th and came to DMCH after three days. In paragraph
'5', he has stated that when he returned home, his mother was lying
unconscious. This witness has claimed that she was taken to hospital
by his elder brother whose name is Pappu Rai. He reached hospital
at 8:30 where treatment started and thereafter her mother regained
consciousness. On the second day at Darbhanga in the morning, her
statement was recorded. He has stated that his brother and mother
had only gone to the hospital and there was no fourth person. He has
stated that his brother works in Ludhiana but on the date of
occurrence he was here, he had come from Ludhiana about 10 days
back. He claims that he also lives in Ludhiana and had returned only
10 days prior to the occurrence.
27. From a bare reading of the deposition of PW-1, PW-2
and PW3, it appears that they are making contradictory statements
to each other. PW-1 is the wife of Pappu Rai, who has categorically Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
stated that when the occurrence took place, only she was present
with her mother-in-law. Her husband came after 5-7 days of the
occurrence and father-in-law came after ten days. In paragraph '8',
she has stated that half an hour after the occurrence, the
grandmother-in-law (dadi) had come. Thus, PW-1 denies the
presence of PW-2 and PW-3 at the place of occurrence. She has
specifically stated that there was no one else except her with her
mother-in-law at the time of occurrence. The claim of PW-2 and
PW-3, therefore, that they were present at the place of occurrence
would not inspire confidence. In fact, PW-3 claims that her mother
had regained consciousness in the hospital, but PW-1 has
specifically stated that her mother-in-law remained unconscious
throughout and she died in unconscious condition during her
treatment in DMCH. PW-3 has claimed that his mother had regained
consciousness in the hospital, but this statement of PW-3 is in
complete conflict and contradiction with the statement of PW-1.
PW-3 denies the presence of any fourth person except he, his mother
and his brother in the hospital, whereas PW-1 has claimed in
paragraph '11' that she had gone to Darbhanga during the treatment
of her mother-in-law and she had stayed there for three days, after
her death she had returned with the mother-in-law of the deceased.
From the evidence of PW-1, it appears that PW-1 claims that she
along with PW-2 had returned from the hospital after death of her Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
mother-in-law. PW-1, PW-2 and PW-3 are contradicting each other
on this point. PW-2 has specifically stated in paragraph '8' of her
deposition that Somni Devi was taken to hospital at 11:00 AM. She
was taken to hospital by Jokhan Rai, Pavitra and others. In this case,
Jokhan Rai and Pavitra have not been examined. It is evident that
PW-2 does not support the statement of PW-1 and PW-3 as to who
were the persons who had gone with the victim and stayed with her
during her treatment in DMCH.
28. Bauku Rai (PW-4) has claimed himself an eyewitness.
He is the husband of the deceased and father-in-law of Sunaina
(PW-1). In his examination-in-chief, this witness has stated that his
wife had told him about the occurrence when he returned home after
the occurrence. He has stated about the transactions of land having
taken place between the parties, but denies that there was any land
dispute. He claimed that he had some outstanding against the
accused on account of two dhur of land. The dispute was over Rs.
12,000/- which was due against the accused persons. He has
specifically stated that at the time of occurrence, he was in Khajauli.
From the evidence of PW-4, it is evident that he had not seen the
occurrence.
29. Pappu Rai (PW-5) is the elder son of the deceased,
about whom PW-3 has stated that he had taken the victim to the
hospital. PW-5 is the husband of PW-1. He claimed that he had Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
taken his mother for treatment to Khajauli hospital where police had
come and recorded the statement of his mother. He had put his
signature on the said statement of his mother and this witness has
identified his signature (Exhibit '1'). He also proved his signature
on his fardbeyan recorded at DMCH on 09.11.2008 (Exhibit '1/A').
This witness has stated that at the time of occurrence he was in his
house, but contrary to his claim, his wife (PW-1) has stated that her
husband came 5-7 days after the occurrence. This witness has stated
that the accused persons had tried to assault him also, he had fled
away to his maternal uncle's place, which is at a distance of about 4-
5 kilometers west-south. This witness has stated that when he fled
away, at that time his mother was lying on the bed. He had not
stated to his maternal uncle about the persons who were present at
the occurrence. This witness has stated that on the date of
occurrence, his other three brothers and father were not present at
house and he had given information of the occurrence to his brothers
and father, they came on 08.11.2008 in Darbhanga hospital.
30. It is evident from the deposition of this witness (PW-5)
that while he claims that the statement of her mother was recorded
at Khajauli, PW-1 has stated that her mother-in-law died in
unconscious condition. PW-3 has stated in paragraph '5' of his
deposition that his mother had regained consciousness after one
hour and at that time, her mother was in Khajauli hospital. It was Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
around 9:00-9:30 AM. This witness had gone to badhar between
5:00 to 6:00 o'clock and returned by 6:45 and he claimed that he
along with his elder brother had taken their mother (deceased) to the
hospital. This statement of PW-3 is in complete contradiction with
the statement of his brother (PW-5). PW-5 claimed that he had fled
away from the place of occurrence and had gone to the village of his
maternal uncle from where he returned around 3:00-4:00 PM
(evening) and till that time his mother was lying on the cot. Near his
mother, his grandmother and wife were sitting. PW-5 has stated that
at the time of occurrence, his other three brothers and father were
not at house. This shows the falsity of the statement of PW-3, who
claims his presence in the house at 6:45 AM and has stated that at
9:30 AM he had taken his mother with his elder brother to the
hospital at Khajauli.
31. We have discussed the entire evidences available on
the record hereinabove. This Court has no iota of doubt in saying
that these prosecution witnesses have been contradicting each other
on several aspects. They have contradicted the presence of each
other at the place of occurrence. The trial court is correct in
recording that there is no eyewitness of the occurrence. The quality
of the evidences of the prosecution witnesses, who are all closely
related to the deceased, are very poor and they do not inspire
confidence of the Court. Although the officer who recorded the Patna High Court CR. APP (DB) No.1162 of 2024 dt.15-04-2026
fardbeyan of the informant, the I.O. and the doctor have not been
examined in this case, in our considered opinion, that would not
make any difference as the witnesses produced on behalf of
prosecution are falling in the category of wholly unreliable
witnesses.
32. We are considering an appeal against acquittal. It is
well settled in law that an appellate court need not interfere with the
judgment of the learned trial court regarding acquittal of the accused
unless the appellate court comes to an irresistible conclusion that the
accused are guilty of the offences.
33. We do not find any perversity in the impugned
judgment of acquittal.
34. This appeal has no merit. It is dismissed accordingly.
(Rajeev Ranjan Prasad, J)
( Soni Shrivastava, J) SUSHMA2/-
AFR/NAFR CAV DATE Uploading Date 20.04.2026 Transmission Date 20.04.2026
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