COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL…
Conviction and life sentence set aside; appellant acquitted and directed to be released forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.369 of 2017
Arising Out of PS. Case No.-37 Year-2014 Thana- BIRPUR District- Supaul
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Suraj Kumar Sada @ Suraj Sada son of Bishnu Sada Resident of village - Puraini Ward no. 14, P.S. - Birpur, District - Supaul.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Pramod Mishra, Advocate. For the Respondent/s : Mr. Abhimanyu Sharma, APP.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 05-10-2023
We have heard Mr. Pramod Mishra, learned
Advocate for the appellant and Mr. Abhimanyu Sharma, learned APP for the State.
deceased, stands convicted under Section 302 of the Indian Penal Code vide judgment dated 24.01.2017 passed by the learned Additional District & Sessions Judge-I, Supaul in Sessions Trial No. 11 of 2015 arising out of Birpur P.S. Case No. 37 of 2014 and vide order
Patna High Court CR. APP (DB) No.369 of 2017 dt.05-10-2023 2/12
dated 30.01.2017 he has been sentenced to undergo imprisonment for life, to pay a fine of Rs. 20,000/- for the offence under Section 302 of IPC.
appellant. The FIR was lodged by the father of the deceased, viz. Nabi Lal Sada (P.W.5), who has alleged that on 06.02.2014, his neighbour Tarachand Sada (not examined) informed him that he had received a telephone call from the matrimonial home of the daughter of the informant that she has fallen seriously ill and that her family members should come urgently.
to the matrimonial home of the deceased, where he found his daughter dead. The dead body was kept on a cot with a blanket spread over her. On removing the blanket, he saw black marks on her neck and a circular spot on her back. It was learnt from the villagers that on 05.02.2014, the
Patna High Court CR. APP (DB) No.369 of 2017 dt.05-10-2023 3/12
appellant had assaulted the deceased and had then taken her inside the room and strangulated her. The deceased
was married to the appellant about a year ago and no child was born out of the wedlock.
vide Birpur P.S. Case No. 37 of 2014 was registered for investigation for the offence under Section 302 of the Indian Penal Code.
sheet whereupon cognizance was taken and the case was committed to the Court of Sessions for trial.
Patna High Court CR. APP (DB) No.369 of 2017 dt.05-10-2023 4/12
oblique and irregular. At the upper end of the neck, the mark was very prominent and deep. No other injury was found on the body of the deceased.
and the mark being prominent at the upper end of the neck are indicators towards self-hanging and not strangulation.
Patna High Court CR. APP (DB) No.369 of 2017 dt.05-10-2023 5/12
more often than not regular and the mark is even/regular. With irregular ligature, it can be inferred that if a person commits self-harm and hangs herself, the upper extremity of the neck would stand damaged leading to asphyxiation.
No other injuries on the person of the deceased further indicates that the information provided to P.W.5 was not correct.
persons from whom he learnt about the deceased having been assaulted and strangulated in the previous night. However, P.W.5 was very specific in stating that he learnt that not only the appellant assaulted the deceased but his parents also.
not at ease with himself or had displayed some drunken behavior, or was not happy with his surroundings including his parents and his wife.
Patna High Court CR. APP (DB) No.369 of 2017 dt.05-10-2023 6/12
members from the matrimonial home of the deceased had informed about some seriousness of the matter. Thereafter, he along with his relatives including his wife and many persons of the neighbourhood of the matrimonial home of the deceased arrived at the place of occurrence. The police was informed in his presence, whereafter police party arrived and inquest was prepared and only thereafter the dead body was taken to the hospital for post-mortem.
source of which remained undisclosed even during the trial, that there had been a fight between the couple a night before. On being questioned, he has admitted that the case lodged by him was only on the basis of the information provided to him.
Patna High Court CR. APP (DB) No.369 of 2017 dt.05-10-2023 7/12
information was neither disclosed in the fardbeyan nor during the trial.
prosecution version and have been declared hostile. Uday Chand Sada and Devi Lal Sada who are the cousin and own brother of P.W.5 respectively and have been examined as P.Ws. 6 and 7 respectively at the trial have categorically stated that they received information that the deceased had committed suicide. Their houses are situated near the house of the father of the deceased (P.W. 5).
the fardbeyan, has not been examined at the Trial. In his cross-examination, P.W. 8 stated that P.W. 3 who has
Patna High Court CR. APP (DB) No.369 of 2017 dt.05-10-2023 8/12
been declared hostile had spoken before him during the course of investigation that he had gone to the place of occurrence, had seen the dead body and had also seen that the rope tied to her neck was still there and that the appellant had killed the deceased.
which would throw any light on the prosecution case.
question on behalf of the defence.
appellant is alleged to have assaulted not only the deceased but his own parents.
of the family members of the deceased against the appellant or her parents-in-law. Had there been any complaint, the father of the deceased (P.W. 5) would surely have said that in his fardbeyan or during the Trial.
Patna High Court CR. APP (DB) No.369 of 2017 dt.05-10-2023 9/12
appellant not being happy with the deceased for no child
was born out of the wedlock. But then, the marriage was only one year old.
immediately preceding death, the case rightly was registered under Section 302 of the IPC and not under Section 304B of the IPC. For a conviction under Section 302 to be sustained, there ought to be evidence, proving beyond all reasonable doubts, the guilt of the accused.
prosecution witnesses, namely, P.Ws. 1 to 3 have been declared hostile. P.W. 5 admits of having lodged the case only on the basis of information which was provided to him by the neighbours of the appellant. The names of such persons have not been disclosed by him. It is equally surprising that if the mother and other family members of the deceased had visited the place of occurrence and had
Patna High Court CR. APP (DB) No.369 of 2017 dt.05-10-2023 10/12
seen the dead body, no one except P.W. 5 came forward to support the prosecution case.
to the house of P.W. 5, that they had been informed that the deceased had committed suicide.
committing the crime is not known. There could be a possibility of the deceased being fed-up with the behaviour of the appellant. Or it could have been a case of solitary act of assault which the deceased could not tolerate.
Patna High Court CR. APP (DB) No.369 of 2017 dt.05-10-2023 11/12
under Section 302 would only be based on conjectures and
probabilities.
be released forthwith from jail, if not detained or wanted in
any other case.
the Superintendent of the concerned Jail forthwith for compliance and record.
Trial Court forthwith.
Patna High Court CR. APP (DB) No.369 of 2017 dt.05-10-2023 12/12
disposed of accordingly.
(Ashutosh Kumar, J)
(Alok Kumar Pandey, J)
manoj/saurav-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 06.10.2023 |
| Transmission Date | 06.10.2023 |
1 issue framed by the court
Whether the appellant's conviction under Section 302 IPC for his wife's death could stand given the doctor's finding of suicide and deficient prosecution evidence.
2 provisions across 1 enactments
Suraj Kumar Sada @ Suraj Sada
The State of Bihar
Ashutosh Kumar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
