Appeals against conviction under Section 302 IPC for a murder over alleged ransom demand. The High Court found the sole eyewitness unreliable, noted non-examination of the fardbeyan scribe and the samaritan, absence of hospital records, and doubts over time of death, acquitted the appellants giving them benefit of doubt.
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.1024 of 2023 In
CRIMINAL APPEAL (SJ) No.1451 of 2023
Arising Out of PS. Case No.-306 Year-2017 Thana- NATHNAGAR District- Bhagalpur
======================================================
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 631 of 2023
Arising Out of PS. Case No.-306 Year-2017 Thana- NATHNAGAR District- Bhagalpur
====================================================== Rajeev Kumar Son of Late Videshi Yadav @ Bideshi Yadav Resident of Mohalla - Sahebganj (Nilkothi), P.S.- Vishwavidyalaya, District - Bhagalpur.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : (In CRIMINAL APPEAL (DB) No. 1024 of 2023) For the Appellant/s : Mr. Rajendra Narain, Sr. Advocate Mr. Manoj Kumar Jha, Advocate For the Respondent/s : Mr. Abhimanyu Sharma, APP (In CRIMINAL APPEAL (DB) No. 631 of 2023) For the Appellant/s : Mr. Sanjiv Kumar, Advocate Mr. Manoj Kumar Jha, Advocate For the Respondent/s : Mr. Abhimanyu Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Patna High Court CR. APP (DB) No.1024 of 2023 dt.24-09-2024 2/15
Date : 24-09-2024
Both the appeals have been heard together and
are being disposed of by this common judgment.
Senior Advocate for appellants/Santosh Yadav and Raju Kumar in Cr. App (DB) No. 1024 of 2023 and Mr. Sanjeev Kumar, learned Advocate for appellant/Rajeev Kumar in
Cr. App (DB) No. 631 of 2023.
Patna High Court CR. APP (DB) No.1024 of 2023 dt.24-09-2024 3/15
conviction and order of sentence dated
23.01.2023/27.01.2023.
two appeals, notices were issued to the appellants for enhancement of the sentence. This Court had also directed for preparation of the paper book so that the appeal could be heard expeditiously.
Patna High Court CR. APP (DB) No.1024 of 2023 dt.24-09-2024 4/15
and his brother (deceased) were going towards Sahebganj crossing, co-convict/Dharmendra Yadav and the appellants, who are brothers amongst themselves caught both the brothers. Appellant/Santosh and Raju had caught Indrajeet (P.W. 3), whereas Abhishek (deceased) was caught by appellant/Rajeev. Thereafter, it is alleged that in his presence, Dharmendra Kumar Yadav took out a country made pistol from his pocket and fired at his brother (deceased) in his neck. Finding him dead, the appellants and Dharmendra did not consider it necessary to harm Indrajeet in any manner. Thereafter, all the four including the three appellants ran away. On hulla raised by P.W. 3 as also on the sound of firing, many persons arrived. With the help of persons who had assembled at the place of occurrence, his brother was taken to hospital, where during
the course of treatment, he died at about 08:42 A.M.
Patna High Court CR. APP (DB) No.1024 of 2023 dt.24-09-2024 5/15
investigation for offences under Sections 302, 386 and 34 of the Indian Penal Code and Section 27 of the Arms Act
against the appellants and Dharmendra.
sentence and remitted the matter to the Trial Court to write out a fresh sentence. However, that procedure would have taken long and therefore after issuance of notice to
the appellants for enhancement of the sentence in case
Patna High Court CR. APP (DB) No.1024 of 2023 dt.24-09-2024 6/15
they are found guilty under Section 302 of the Indian Penal Code, directions were issued to the Registry for placing the appeals for final hearing after preparation of the paper book.
cases, leaving many loopholes and crevices in the prosecution version.
witness to the occurrence. His statement at the Trial reflects that an attempt has been made to improve upon his initial version. Both he and the deceased were stopped
by the appellants and the deceased was shot at by Dharmendra Yadav @ Dharma Chor. He has further stated before the Trial Court that Dharmendra also threatened P.W. 3, that if any attempt is made to save the life of the
deceased, he too would be killed. Hearing the sound of firing, the parents and sisters of P.W. 3 also arrived. Seeing them come to the P.O., the appellants ran away.
With the help of one of the villagers who offered to give
Patna High Court CR. APP (DB) No.1024 of 2023 dt.24-09-2024 7/15
his motorcycle, his brother who was still struggling for life was taken to hospital where during the course of treatment
he died.
suspect for more than one reason.
Patna High Court CR. APP (DB) No.1024 of 2023 dt.24-09-2024 8/15
did not pay up Rs. 50,000/- as ransom money or
protection money, the matter ought to have been reported.
along with their father were running a provision shop in the
locality?
reason for which the enmity could have been avenged by killing one of the brothers.
that all the appellants are residents of the same locality and their house is situated at a distance of about 60-70 meters. Some of the witnesses have given a ballpark figure
of 200 meters.
Patna High Court CR. APP (DB) No.1024 of 2023 dt.24-09-2024 9/15
days ago, there was no reason for the appellants to have undertaken such a step of killing the deceased. When confronted with specific question, P.W. 3 has admitted that except for his own family members, no independent person has been brought to the witness-stand to support the prosecution case.
his neck was still struggling for life and was taken to hospital where treatment was afforded to him.
Patna High Court CR. APP (DB) No.1024 of 2023 dt.24-09-2024 10/15
to the post-mortem report as also the deposition of Dr.
Rajiv Ranjan (P.W. 4), who conducted the post-mortem on the deceased.
on 02.07.2017 at about 12.50 P.M. There was one minor/simple injury on the forehead of the deceased just above the eye-brow. The fatal injury was the gunshot/wound of entry with inverted margin and tatooing around the wound of the size of 1”x ½” in the middle and front of neck. It appeared during the post-mortem examination that the bullet had pierced the soft tissues, the trachea, the oesophagus and the surrounding blood vessels. Because of the movement of the projectile, the 5th and 6th cervical vertebra were also fractured. The bullet got stuck-up in the nape of the neck. The cause of death obviously was held to be hemorrhage and shock because of the aforenoted injuries. The bullet after being taken out
Patna High Court CR. APP (DB) No.1024 of 2023 dt.24-09-2024 11/15
from the dead body neither sealed or sent for any ballistic/forensic examination.
beyond dispute. That the cause of death was gun-shot is again not disputed.
advocates for the appellants is that the deceased was not killed by Dharmendra Yadav or the appellants and that the version of P.W. 3 is not at all reliable.
Patna High Court CR. APP (DB) No.1024 of 2023 dt.24-09-2024 12/15
the P.O., the appellants ran away, this was an important fact to be disclosed by P.W. 3.
and whether they had talked about having reached the P.O. immediately after the occurrence.
have seen the actual part of the assault.
a witness to the killing of his brother; and the improvements made in the prosecution version through the mouth of witnesses, who are all family members of the deceased, has rendered the prosecution case absolutely suspect in the eyes of law.
Patna High Court CR. APP (DB) No.1024 of 2023 dt.24-09-2024 13/15
inquest was conducted at about 10.15 A.M. on 02.07.2017 at the hospital only. In view of the statement made by P.W. 3 and others that the deceased, after the incident, was taken to JLNMCH where he was afforded treatment, there ought to have been some record of the admission of the deceased, while still alive, in the emergency ward. The death must have taken place before 10.15 A.M.
the inquest and the time of the post-mortem examination but in the aforenoted background, where the witnesses claimed that the deceased was taken to hospital and afforded treatment, this delay assumes significance. There could be a possibility of the death having taken place earlier in a different transaction and later the accusation was thought of and then levelled against the appellants.
been placed between two hours to six hours from the time
Patna High Court CR. APP (DB) No.1024 of 2023 dt.24-09-2024 14/15
of the post-mortem examination. Though the assessment of time of death is somewhat synchronous with the prosecution version but the delay of approximately three hours after the inquest in the post-mortem examination when the inquest was done in the JLNMCH, casts some doubt over the entire prosecution case.
Trial Court.
Patna High Court CR. APP (DB) No.1024 of 2023 dt.24-09-2024 15/15
S.P. of the concerned jail for record as well as compliance.
(Ashutosh Kumar, J)
( Jitendra Kumar, J)
krishna/ravi
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 26.09.2024 |
| Transmission Date | 26.09.2024 |
2 issues framed by the court
Whether the prosecution proved the appellants' guilt for the murder beyond reasonable doubt despite the sole eyewitness's improvements and investigative lapses.
Whether the erroneous sentence of 10 years under Section 302 IPC warranted enhancement.
3 provisions across 2 enactments
Santosh Yadav
Raju Kumar
Rajeev Kumar
The State of Bihar
Ashutosh Kumar
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
