Meghan Manjhi vs The State Of Bihar on 17 June, 2025

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Patna High Court

Meghan Manjhi vs The State Of Bihar on 17 June, 2025

Author: Rajeev Ranjan Prasad

Bench: Rajeev Ranjan Prasad, Ashok Kumar Pandey

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL APPEAL (DB) No.486 of 2018
                               In
                 CRIMINAL APPEAL (SJ) No.466 of 2018
     Arising Out of PS. Case No.-4 Year-1999 Thana- KUDHNI District- Muzaffarpur
======================================================
1. Bhuil Manjhi, S/O Khelawan Manjhi,
2. Laxmi Manjhi, S/O Dwarika Manjhi,
3. Jagdev Manjhi, S/O Satya Narayan Manjhi,
4. Jorai Manjhi, S/O Jokhan Manjhi,
5. Shankar Manjhi, S/O Late Khakhnu Manjhi @ Fakanu Manjhi,
6. Raktu Manjhi, S/O Tilak Manjhi,
7. Tuntun Manjhi, S/O Dasrath Manjhi,
8. Chulhai Manjhi, S/O Badri Manjhi,
All are residents of Village-Mahanpur, P.S. Kudhni, District-Muzaffarpur.

                                                                   ... ... Appellants
                                      Versus
The State of Bihar
                                              ... ... Respondent
======================================================
                          with
           CRIMINAL APPEAL (DB) No. 584 of 2018
                           In
            CRIMINAL APPEAL (SJ) No.442 of 2018
     Arising Out of PS. Case No.-4 Year-1999 Thana- KUDHNI District- Muzaffarpur
======================================================
Meghan Manjhi, S/O Khelawan Manjhi, Resident of Village-Mohanpur, P.S.-
Kudhni, District-Muzaffarpur.
                                                         ... ... Appellant
                              Versus
The State of Bihar
                                                      ... ... Respondent
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 486 of 2018)
For the Appellant/s  :    Mr. Manoj Kumar No.1, Amicus Curiae
For the Respondent/s :     Mr. Zeyaul Hoda, Addl. P.P.
(In CRIMINAL APPEAL (DB) No. 584 of 2018)
For the Appellant/s  :    Mr. Manoj Kumar No.1, Amicus Curiae
For the Respondent/s :    Mr. Zeyaul Hoda, Addl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                      and
        HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                 ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

 Date : 17-06-2025

         Heard Mr. Manoj Kumar No.1, learned Amicus Curiae for
 Patna High Court CR. APP (DB) No.486 of 2018 dt.17-06-2025
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         the appellants and Mr. Zeyaul Hoda, learned Additional Public

         Prosecutor for the State.

                      2. These two appeals are arising out of the judgment of

         conviction dated 27.11.2017 (hereinafter referred to as the

         'impugned judgment') and the order of sentence dated

         30.11.2017

(hereinafter referred to as the ‘impugned order’)

passed by learned Additional District & Sessions Judge-VI,

Muzaffarpur (hereinafter referred to as the ‘learned trial court’)

in S.Tr. No. 532 of 2000 in connection with Kudhni (Turki) P.S.

Case No. 04 of 1999 registered under Sections 147, 148, 149

and 302 of the Indian Penal Code (in short ‘IPC).

3. By the impugned judgment and order, the learned

trial Court has been pleased to convict the appellants for the

offences punishable under Sections 302 read with Section 149

IPC and sentenced them to undergo rigorous imprisonment for

life. The trial Court has also imposed a fine of Rs. 10,000/-

upon each of the appellants.

Prosecution Case

4. The prosecution case is based on the fardbeyan of

one Bhola Manjhi, who is the brother of the deceased and has

been examined as P.W. 6 in the present case. In his fardbeyan

recorded by S.I. Ajay Kumar, I/c of Turki O.P. on 08.01.1999 at

7 A.M. at Turki O.P., the informant (P.W. 6) has stated as under:-

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On 07.01.1999 at about 6.30 hours, brother of the

informant, namely, Maheshwar Manjhi @ Bhonu Manjhi was

called by the villagers, namely, Meghan Manjhi, Laxman Manjhi,

Bhuil Manjhi, Laxmi Manjhi, Badri Manjhi on the pretext of

some purpose. Maheshwar Manjhi went with them. The

informant also followed them. They took him in the ‘potato field’

of Jugal Manjhi, where Jagdev Manjhi, Gorai Manjhi, Shankar

Manjhi, Raktu Manjhi, Khublal Manjhi, Tuntun Manjhi, Deeplal

Manjhi, Chulhai Manjhi being equipped with arms were

standing. Meghan Manjhi took ‘Bhala’ from Khublal Manjhi and

made a blow upon Maheshwar Manjhi @ Bhonu Manjhi, which

hit him upon his neck. Thereafter, other co-accused persons made

assault with various arms upon him leading to serious injuries

upon his body. As a result of which, Maheshwar Manjhi died on

the spot. The informant raised alarm. The villagers, namely,

Langar Manjhi, Dhodha Manjhi, Bechan Manjhi, Akal Manjhi

and others rushed there, having seen them, the accused persons

ran away. The informant with the help of the villagers brought

the dead body of Maheshwar Manjhi at the O.P. of the police

station on 08.01.1999. The cause of occurrence is said to be the

theft of grain of Langar Manjhi.

5. Upon investigation, police submitted a chargesheet

against altogether thirteen accused persons. The chargesheet was
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filed for the offences under Sections 147, 148, 149 and 302 IPC.

The learned Sub-divisional Judicial Magistrate, Muzaffarpur

(West) took cognizance of the offences and transferred the

records to the Court of Judicial Magistrate 1st Class, Muzaffarpur

for the purpose of commitment. On 31.08.2000, the records were

committed to the Court of Sessions where the trial was

registered. During trial, two accused persons, namely, Laxman

Manjhi and Khublal Manjhi absconded therefore, their records

were separated on 21.07.2007 and 10.09.2007 respectively from

the original records. Another accused Deeplal Manjhi and Badri

Manjhi died during trial therefore, the proceedings against them

were closed. In this manner, only nine accused faced the trial.

6. In the trial Court, the charges were explained to the

accused persons in Hindi which they denied and claimed to be

tried. They claimed that they are innocent and have been falsely

implicated because of some earlier grudge against them.

7. In course of trial, the prosecution examined as many

as eleven witnesses and exhibited certain documentary evidences

whereafter the statement of the accused were recorded under

Section 313 of the Cr.P.C. in which they pleaded innocence. The

defence examined one witness, who is the Assistant Director of

the District Security Cell of Muzzafarpur. List of witnesses

examined on behalf of the prosecution and the defence as also
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the documents exhibited on behalf of the prosecution and

defence are being provided hereunder in a tabular form:-

List of Prosecution Witnesses

P.W. 1 Akal Manjhi
P.W. 2 Dodha Manjhi (Maternal brother of the
deceased)
P.W. 3 Bechan Manjhi (Uncle of the deceased)
P.W. 4 Krishna Manjhi
P.W. 5 Banarsi Manjhi (Wife of the deceased)
P.W. 6 Bhola Manjhi (Informant)
P.W. 7 Dr. Mumtaz Ahmad
P.W. 8 Dharmendra Manjhi
P.W. 9 Narendra Kumar
P.W. 10 Ram Briksh Chaudhary
P.W. 11 Jitendra Jha

List of Exhibits

Exhibit ‘1’ Signature of Krishna Manjhi on the
post mortem report
Exhibit ‘2’ Post mortem report
Exhibit Signature of Dharmendra Manjhi on
‘1/1’ the post mortem report
Exhibit ‘3’ Signature of Madan Paswan on the
F.I.R.

                             Exhibit '4'    Signature of Madan Paswan on the
                                            fardbeyan
                             Exhibit '5'    Signature of Madan Pawan           on
                                            fowarding report of Ajay Kumar



8. The defence examined only one witness and

exhibited two documentary evidences which are as under:-

Exhibit ‘A’ Signature of Sri Surendre Singh Meena
(District Officer) on the order vide
Memo No. 821 dated 30.10.1999
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Exhibit ‘B’ Own handwriting of Sri Surendra
Singh Meena (District Officer) on the
record No. 24/1999-2000.

Findings of the Learned Trial Court

9. Learned trial Court after examining the evidences of

P.Ws. 1, 2, 3, 5 and 6 observed that these witnesses have stated

that on the date of occurrence i.e. 07.01.1999 informant’s brother

Maheshwar Manjhi @ Bhonu was killed by the accused persons.

Learned trial Court though found some contradictions in the

evidence of the prosecution but those contradictions were not

such that to disbelieve the prosecution case. Learned trial Court

found that P.W. 7 (doctor) deposed that deceased died due to

assault on the neck. Accordingly, the learned trial Court found

the accused persons guilty under Section 149 IPC.

10. Learned trial Court found that the accused persons

in furtherance of common intention formed unlawful assembly

and committed the occurrence and all the accused persons were

present at the place of occurrence when Maheshwar Manjhi @

Bhonu was killed. Accordingly, the trial Court found the accused

persons guilty under Section 149 IPC.

Submissions on behalf of the appellant

11. Mr. Manoj Kumar No.1, learned Amicus Curiae

has submitted that in this case, it is the informant (P.W. 6) who
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alone claims to be an eye witness of the occurrence. In his

submission, P.W. 6 is a closely related witness, who is not

consistent in his deposition and has contradicted himself on

material aspects of the matter. It is submitted that the manner of

occurrence as claimed by P.W. 6 does not find corroboration

from the evidence of the doctor (P.W. 7).

12. Learned counsel further submits that in this case

the place of occurrence has also not been proved by the

prosecution. It would be evident from the fardbeyan of P.W. 6

that the occurrence had taken place on 07.01.1999 at about 6:30

P.M. It was the month of January and at 6:30 P.M. the sunset had

already taken place and darkness had prevailed. According to the

informant, he could not inform police about the occurrence

because there was no mode of transportation and he along with

the co-villagers had lifted the dead body from the place of

occurrence and brought to Turki O.P. on 08.01.1999 where his

fardbeyan was recorded.

13. It is submitted that the inquest report has though

not been proved in accordance with law but the signature of

Krishna Manjhi and Dharmendra Manjhi, who are P.W. 4 and

P.W. 8 respectively have been proved as Ext. 1 and Ext. 1/1

respectively. It would appear that the inquest report was prepared

at Turki O.P. on 08.01.1999 at 7:15 A.M. In this regard, the
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attention of this Court has been drawn towards the evidence of

the wife of the deceased, who has stated that the dead body

remained in the field for the whole night and on the date of

occurrence, ‘Chowkidar’ had gone to the police station. The wife

of the deceased who has been examined as P.W. 5 has stated that

‘Darogaji’ had come after four days and he had taken away the

dead body from the field. P.W. 5 is not an eye witness of the

occurrence but on the point of taking away the dead body from

the place of occurrence, she has given a completely different

version from that of the informant (P.W. 6).

14. It is further pointed out that the son of the

deceased, namely, Dharmendra Manjhi has been examined as

P.W. 8 who has stated that after murder of his father, police had

arrived and prepared the inquest report at the place where the

dead body was lying. He has proved his signature as a witness

on the inquest report. In his cross-examination, however, P.W. 8

has stated that police came one day after the death of his father.

He has further stated that the inquest report was prepared in his

house. His statement was not recorded on the said date, he had

gone to the police station on the next day and then Darogaji had

recorded his statement. From his deposition also, it would appear

that he is not an eye witness of the occurrence and he claims to

have come to know that accused persons had killed his father.
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He has not disclosed the name of the person from whom he came

to know this.

15. Learned counsel points out that in this case, the

Investigating Officer (I.O.) has not been examined. The non-

examination of the I.O. has seriously prejudiced the case of the

defence as the defence could not take out the contradictions

through the I.O. with regard to the statements of the prosecution

witnesses recorded by the I.O. in course of the investigation. In

absence of the examination of the I.O., the place of occurrence

has also not been proved.

16. It is further submitted that all the prosecution

witnesses have stated that there was no prior enmity between the

deceased and the appellants. No motive behind the occurrence

has been given by the prosecution. The defence suggested the

prosecution witnesses that because of the old enmity, the accused

persons have been falsely implicated.

17. Learned Amicus Curiae further submits that Dr.

Mumtaz Ahmad (P.W. 7) had conducted the autopsy on the dead

body of the deceased. He had found several injuries on the

person of the deceased. The allegation against Meghan Manjhi is

that he had thrown up ‘Bhala’ which hit on the neck of the

deceased and he started bleeding and fell down whereafter the

other accused persons had assaulted by ‘rod’, ‘bhala’ and
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‘knife/dragor’ but the doctor has opined in his cross-examination

that any injury by ‘bhala’ shall cause penetrating wound, he did

not find any penetrating wound on any part of the body of the

deceased and he did not find such injury which (mentioned in the

P.M. report), is not suggestive of the fact that it could be caused

by ‘bhala’.

18. Learned counsel submits that the defence witness,

who is a Government Officer, has stated that Record No. 10-

15/24-1999-2000 was prepared on the basis of the application

received from Banarsi Devi, wife of late Maheswar Manjhi. On

the basis of the application and the inquiry report received from

the Block, the records were prepared on which his signature and

that of the signature of the then District Officer are present. At

his instance, this document has been marked as Ext. A. This

witness has stated that in this document regarding the cause of

death, it is stated that Late Maheswar Manjhi died on 07.01.1999

in an accident. The applicant was given a grant of Rs. 10,000/-.

D.W.-1 has proved the note-sheet which is in his handwriting and

under his signature dated 28.10.1999. This document has been

marked Ext. B. It is submitted that when P.W. 5 was asked about

the receiving the benefit from the District Authority under the

‘Rastriya Pariwarik Labh Yojana’, she denied to have received

the same which would only prove that she tried to suppress the
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real fact with regard to the cause of death, as disclosed by her in

her application for grant.

19. On all these grounds, it is submitted that it seems

to be a case of death, may be a case of blind murder which was

not seen by anyone and later on with an afterthought, the

prosecution case has been developed in which the appellants

have been falsely implicated. According to him, it would not be

safe to convict the appellants on the sole testimony of P.W. 6,

who is not consistent in his evidence and there is no

corroboration of the evidence by any independent material

particulars.

Submissions on behalf of the State

20. Mr. Zeyaul Hoda, learned Additional Public

Prosecutor for the State has contested the appeals. It is

submitted that even as the informant is a related witness but he

is an eye witness of the occurrence and his testimony cannot be

discarded only on account of certain minor and irrelevant

discrepancies.

21. It is submitted that though the Investigation Officer has

not been examined in this case but the prosecution witnesses

have stated that the occurrence took place in the ‘potato field’ of

Jugal Sah. Non examination of the I.O., according to learned

Additional P.P. shall not prove fatal to the prosecution case. In his
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opinion, the fact that there is no other eye witness to the

occurrence would not be important because conviction may be

sustained on the basis of sole testimony of the informant.

Consideration

22. We have heard learned Amicus Curiae for the

appellants, learned Additional Public Prosecutor for the State as

also perused the records.

23. It is evident that in this case the occurrence is said to

have taken place on 07.01.1999 at 6:30 P.M. The informant has

stated in his ‘fardbeyan’ that he could not give information with

regard to the occurrence to the police station because there was

no mode of communication during the night hours. It is evident

from his ‘fardbeyan’ itself that the occurrence had taken place in

the month of January when the darkness had already prevailed.

The informant has been examined as P.W.6. He has stated that

he was in his house when the accused persons came to his house

and called his brother Maheshwar Manjhi on some pretext. He

claims to have followed them. P.W.6 claims that the accused

persons took Maheshwar to the ‘potato field’ of Jugal Sah

where the accused persons were present. According to him,

Meghan Manjhi took ‘Bhala’ from the hand of Khublal Manjhi

and threw on the neck of Maheshwar Manjhi whereafter the

other accused persons assaulted Maheshwar Manjhi by ‘lathi’,
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‘rod’ ‘Bhala’ and ‘dagger’. Maheshwar died after sometime on

the spot. He has stated that on the next day, he went to the police

station where his statement was recorded by ‘Darogaji’ on

which he put his thumb impression. He has stated that two days

prior to the occurrence, Langar Manjhi and Maheshwar were

abusing without taking name of anyone because the paddy crops

of Langar Manjhi had been stolen away. In his cross-

examination, P.W.6 has stated that it was a cold weather and the

night was dark. He had not been assaulted. ‘Potato’ were grown

in the field and ‘Potato’ plants were there. He had gone with

‘Darogaji’ to the place of occurrence on the next day at about

7:00 A.M. where the dead body of his brother was lying. The

dead body was brought at the door of the house and ‘chowkidar’

was informed. In Paragrpah-4 of his cross-examination, P.W. 6

has stated that ‘Darogaji’ was also informed and ‘Darogaji’

had come in the night. His statement was taken by ‘Darogaji’ at

his house and thereafter at the police station. It is evident from

this part of the cross-examination of P.W.6 that ‘Darogaji’ had

come in the night itself on the date of occurrence and the

informant had made some statements in the night when

‘Darogaji’ / I.O. had visited his house but this statement of

P.W.6 which was made at first instance in the night has not been
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brought on record by the prosecution. The I.O. has not been

examined therefore the defence had no opportunity to put

question to the I.O. regarding the place of occurrence, the

prevailing condition in the potato field and also about the first

statement of the informant in the night.

24. This Court finds that the accused persons are from the

same family but they are living separately in mess and business.

According to P.W. 6, the deceased had no quarrel with any of

the accused persons and the accused persons used to visit the

house of the informant.

25. This Court further finds that the evidence of the P.W.

‘6’ that the ‘Potato field’ is situated at a distance of two ‘laggi’

only from the house of the informant and from both the sides

of the field, houses of at least 10 persons are situated. According

to him, the persons, whose houses were there had started

assembling but this Court finds that none of those persons

whose house are said to be situated around the place of

occurrence has been examined in this case. P.W. 6 was

suggested by the defence that he is not an eye witness of the

occurrence and had falsely implicated the appellants because of

the old enmity.

26. This Court further finds that on the point of
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preparation of the inquest report the wife of the deceased

(P.W.5) and his son (P.W.8) are also not consistent. The police

had arrived at the place of occurrence and prepared inquest

report at the place of occurrence is highly doubtful and in fact

the claim of P.W.6 that ‘Darogaji’ had gone to the place of

occurrence on the next day of the occurrence in the morning at

7:00 A.M. stands contradicted from his own statement wherein

he has stated that ‘Darogaji’ had come in the night of the

occurrence and he made his statement before ‘Darogaji’ at his

house. The place of occurrence is situated at a distance of two

‘laggi’ only which is hardly at a distance of about 15-20 fits

from the house of the informant. Therefore, it is highly

unbelievable that ‘Daroga’ who had visited the house of the

informant in the night of the place of occurrence itself could not

have gone to the place of occurrence in the night and it remains

a big question mark as to why the first version of the informant

and the correct date and time of preparation of the inquest report

are being suppressed by the prosecution.

27. This Court has noticed that the Doctor (P.W.7) has

found the following injuries on the body of the deceased which

are as under:-

“No.1 incised wound were found on the

following parts of the body.

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(A) 1 /2″ below and lateral to left eye, 1 “x0.2″x

muscle deep.

(B) On front and left lateral side of neck, 2″

below the left lobule of ear, 5″x1 1/2″ x cutting

muscle vessels, and trachea.

(C) On front of left side of chest 3.2″ below, and1

1/2″ medial to left areola, 0.75″ x 0.2″ x muscle

deep.

(D) On front of left side of abdomen 4.7″ Lateral

and in the line of umblieus 1.5″ x0.2″x muscle

deep.

(E) On front of left side of abdomen 4.6″ Lateral

and 11/2″ below the umblieus 0.5″x 0.2″ x

muscle deep.

(F) On right lateral side of chest in mid axillary

line four inch below axilla, 2.7 “x0.3″x muscle

deep.

(G) On right lateral side of chest 8″ below axilla

4.5″ x 0.3″ x muscle deep.

(H) Two places on right lateral side of thigh 1″x

0.2″ x muscle deep, 0.75″ x 0.25″ x muscle deep.

(I) On middle of front of left leg 2″ x 0.75″ x

muscle deep.

J) On back of left side of chest 8″ below left thigh

1″ x 0.25″x muscle deep.

(K) On back of left chest 8.3″ below post axillary
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line 1.5″x0.25″x muscle deep.

(L) On back of left side of hip at three places,

1/2″x1/4″x muscle deep, 1/2″x1/4″x muscle deep,

1/4″x1/4″x muscle deep.

Injury no. 2:-

Abrasions were found on left lateral side of

forearms in the middle 2.5″x1/2″ on front of left

wrist, 2.2″x1/4″ on back of left shoulder just

below shoulder blade 4.2″x0.2″ on back of left

chest 7″ below shoulder 2.5″x0.2″.

Opinion; the deceased died due to shock and

hemorrhage, mainly as a result of neck injury

cutting trachea, injury no. 1, was caused by sharp

cutting weapon, such as ‘bhala’ and Injury no. 2

caused by hard and blunt substance such as lathi.

Time since death is within twelve to eighteen

hrs.”

28. The doctor has opined that the deceased died due to

shock and hemorrhage mainly as a result of neck injury cutting

trachea. According to him, the injury no. 1 was caused by sharp

cutting weapon such as ‘bhala’ and injury no. 2 was caused by

hard and blunt substance such as ‘lathi’. In his cross-

examination, the doctor has opined that any injury by ‘bhala’

must cause penetrating wound but he did not find any

penetrating wound on any part of the body of the deceased. It is
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thus evident that the opinion of the doctor is not proving the

manner of occurrence as suggested by P.W.6.

29. The evidence of the D.W. 1 would be important to

take note off. Ext. A & B are the two official documents which

would show that the wife of the deceased had claimed grant

from the government under ‘Rastriya Parivarik Labh Yogna,

1995’. Her application was forwarded by the ‘Panchayat’ and

based on the recommendation on the ‘panchayat’ level, a sum of

Rs. 10,000/- was allowed as a grant. In her application, she had

given the cause of death due to accident.

30. In the opinion of this Court, the non-examination of

the I.O. of the case would prove fatal to the prosecution. The

fact that the ‘Daroga’ had visited the house of the informant in

the night of the occurrence itself and the informant had given

statement to the ‘Daroga’ in the night still ‘Daroga’ did not visit

the place of occurrence in the night and the dead body was

brought to the Turki O.P by the informant with the help of the

villagers are some of the vital facts which could have been

tested only when the I.O. would have been examined and cross-

examined. Yugal Manjhi whose potato field is said to be the

place of occurrence has not been examined and there is no

evidence that potato plants were found trampled. To this Court,
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it appears that even the place of occurrence, cannot be said to

have been duly proved by the informant as neither any

inspection of the place of the occurrence was done by the I.O.

nor the immediate circumstance available on the spot could be

brought on record by the prosecution.

31. In the considered opinion of this Court, it would not

be safe to sustain the conviction of the appellants on the sole

testimony of the informant (P.W.6) who though claims to have

followed the accused persons with the deceased to the place of

occurrence but was not assaulted by the accused persons. His

very presence at the place of occurrence becomes doubtful even

as the wife of the deceased (P.W.5) does not talk of the visit of

the accused persons to her house and taking away of her

husband from the house. The appellants have made out a case

for their acquittal giving them benefit of doubts.

32. In the given facts and circumstances and the materials

available on the record, the impugned judgment and order are

set aside. Both the appeals are allowed.

33. The appellants shall be released forthwith if not

wanted in any other case, the order shall be communicated

through FAX at the cost of the High Court.

34. Trial Court Records and copy of the judgment be sent
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down to the trial Court.

35. We acknowledge the assistance rendered by Mr.

Manoj Kumar No. 1 in these appeals on the dates of hearing. In

token of his assistance, we direct that he shall be paid a sum of

Rs. 15,000/- (Fifteen Thousand) each in these appeals by the

Patna High Court Legal Services Committee.

(Rajeev Ranjan Prasad, J)

(Ashok Kumar Pandey, J)
Jagdish/lata/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          23.06.2025
Transmission Date       23.06.2025
 



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