Dumar Bin @ Domar Bin vs State Of Bihar on 21 July, 2026

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    Patna High Court

    Dumar Bin @ Domar Bin vs State Of Bihar on 21 July, 2026

    Author: Alok Kumar

    Bench: Anil Kumar Sinha, Alok Kumar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    CRIMINAL APPEAL (DB) No.566 of 2000
    ======================================================
    Against the Judgment of conviction dated 15.09.2000 and the order of
    sentence dated 16.09.2000, passed Sri Diwakar Jha, 5 th Additional
    Sessions Judge, Gopalganj in Sessions Trial No. 211 of 1996, arising out
    of Barauli (Sidhwalia) P.S. Case No. 243 of 1995.
    ======================================================
    Dumar Bin @ Domar Bin, Son of Balist Bin, Resident of Village - Khajuria,
    P.S. Sindhwalia, District - Gopalganj.
                                                             ... ... Appellant/s
                                       Versus
    The State of Bihar
                                                          ... ... Respondent/s
    ======================================================
    Appearance :
    For the Appellant/s    :        Ms. Anukriti Jaipuriyar, Amicus Curiae
    For the Respondent/s   :        Mr. Satya Narayan Prasad, A.P.P.
    ======================================================
    CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
            and
            HONOURABLE MR. JUSTICE ALOK KUMAR
    
                               C.A.V. JUDGMENT
    
    (Per: HONOURABLE MR. JUSTICE ALOK KUMAR)
    
    Date : 21-07-2026
    
                     Heard Ms. Anukriti Jaipuriyar, learned Amicus
    
     Curiae for the Appellant and Mr. Satya Narayan Prasad, learned
    
     counsel for the State.
    
                     2. The present appeal has been preferred against the
    
     Judgment of Conviction dated 15.09.2000 and Order of
    
     Sentence dated 16.09.2000 passed by the learned 5th Additional
    
     Sessions Judge, Gopalganj, in Sessions Trial No. 211 of 1996
    
     arising out of Sidhwalia P.S. Case No. 243 of 1995, whereby the
    
     appellant was convicted for the offence punishable under
    
     Section 302 of the Indian Penal Code and sentenced to undergo
     Patna High Court CR. APP (DB) No.566 of 2000 dt.21-07-2026
                                               2/30
    
    
    
    
             rigorous imprisonment for life and fine of Rs. 5000/- and in
    
             default of payment to undergo R/I for one year.
    
                             3. The prosecution case, as unfolded in the
    
             fardbayan of the informant, Dharamnath Singh alias Chiraiya
    
             Das, son of Late Jamadar Singh, recorded at Sidhwalia Police
    
             Station on 19.10.1995 at about 6:00 P.M., is that on 19.10.1995
    
             at about 3:30 P.M., the informant reached his agricultural field
    
             from the eastern side, while his brother, Paras Singh (deceased),
    
             arrived at the field from the northern side. It is alleged that the
    
             informant's Rahar crop was damaged by cattle. The informant
    
             questioned the accused as to why they had destroyed the crop
    
             and stated that he would not abandon his land on account of
    
             their actions. Thereupon, it is alleged that the appellant, along
    
             with the other co-accused persons, started assaulting the
    
             informant with lathis at the instigation of co-accused Palita Bin.
    
             It is further alleged that Algu Bin was the first to assault the
    
             informant with a lathi, whereafter the remaining accused
    
             persons also joined in the assault. The appellant inflicted a spear
    
             blow on the abdomen of the informant's brother, Paras Singh,
    
             causing him to fall on the field. Thereafter, Kanchan Bin
    
             allegedly assaulted Paras Singh with lathi. The occurrence was
    
             witnessed by Vishwanath Singh, Amresh Singh, Yogendra
     Patna High Court CR. APP (DB) No.566 of 2000 dt.21-07-2026
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             Singh, and other persons, who rushed to the place of occurrence.
    
             Upon seeing other villagers were approaching, all the accused
    
             persons allegedly fled from the place of occurrence. It is also
    
             alleged that the informant's brother Paras Singh died on the field
    
             at that time.
    
                             4. On the basis of the aforesaid fardbayan, Barauli
    
             (Sidhwalia) P.S. Case No. 243 of 1995, dated 20.10.1995, was
    
             registered against the present appellant along with other co-
    
             accused persons for the offences punishable under Sections 147,
    
             148, 149, 302 and 324 of the Indian Penal Code.
    
                             5. Upon completion of the investigation, the police
    
             submitted charge-sheet no. 02/96 dated 12.01.1996 against the
    
             present appellant along with other co-accused persons for the
    
             offence punishable under Sections 147, 148, 149, 302 and 324
    
             of the Indian Penal Code.
    
                             6. Thereafter, the learned Chief Judicial Magistrate
    
             took cognizance of the offence and on 19.07.1996 and the case
    
             was committed to the Court of Sessions. Upon commitment on
    
             22.01.1997

    , charges under Sections 147, 148, 149, 323 & 302

    IPC were framed against the appellant and other eight co-

    SPONSORED

    accused persons. The charges were read over and explained to

    them in Hindi, to which they pleaded not guilty and claimed to
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    be tried.

    7. The prosecution in order to substantiate its case,

    has examined as many as nine witnesses and exhibited some

    documents on its behalf. List of prosecution witnesses and

    exhibits are being mentioned hereunder in tabular form.

    List of Prosecution Witnesses :

    Prosecution Name of witness Description
    witness no.

    1. Yogendra Singh Villager

    2. Bhagwat Singh Villager

    3. Janak Singh Villager

    4. Bishwanath Singh Villager

    5. Bikram Singh Villager

    6. Suresh Pandey Villager (Seizure list witness)

    7. Dharamnath Singh Informant / Brother of the
    deceased

    8. Nilesh Kumar Singh Son of deceased

    9. Dr. Shambu Nath Singh Doctor who conducted post-

    mortem

    List of Exhibits on behalf of the prosecution :

    Exhibit No. Description of the Exhibit Date/attested by
    1 Fardbayan 09.05.2000
    2 Formal FIR 12.05.2000
    3 Signature of witness on Seizure List 12.05.2000
    4 Carbon copy of Post-Mortem Report 05.09.2000

    8. After closure of the prosecution evidence, the

    statement of the appellant was recorded under Section 313 of

    the Code of Criminal Procedure on 08.09.2000. The appellant
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    denied all incriminating circumstances appearing against him in

    the prosecution evidence and claimed innocence.

    Submission on behalf of Appellant

    9. Learned Amicus Curiae, Ms. Anukriti Jaipuriyar,

    appearing on behalf of the appellant, has, at the outset,

    submitted that the judgment of conviction is against the weight

    of evidence and has been rendered on mere presumption of

    guilt. It is contended that the prosecution has failed to prove its

    case beyond reasonable doubt, inasmuch as the testimonies of

    the prosecution witnesses suffer from material contradictions

    and inconsistencies.

    10. It is further submitted that the conviction of the

    appellant rests solely on the testimony of PW-8, who is the son

    of the deceased and, therefore, an interested witness. The

    testimony of PW-8 is replete with material contradictions and

    inconsistencies and finds no corroboration from any

    independent witness or other reliable evidence on record. In

    such circumstances, PW-8 cannot be treated as a wholly reliable

    or sterling witness, and it would be unsafe to sustain the

    conviction solely on the basis of his uncorroborated testimony.

    11. Learned counsel for the Appellant also submits

    that although the FIR was instituted against nine accused
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    persons, including the present appellant, eight of them have

    been acquitted as the prosecution failed to establish their guilt

    beyond reasonable doubt. The failure of the prosecution case

    against the co-accused, coupled with the absence of

    corroboration from independent witnesses, seriously undermines

    the prosecution version. In the absence of any cogent or

    distinguishing evidence against the appellant, his conviction on

    the same set of evidence is wholly unsustainable and is liable to

    be set aside.

    12. It has, lastly, been submitted that the

    Investigating Officer has not been examined in the present case.

    The non-examination of the Investigating Officer has caused

    serious prejudice to the defence, as the appellant has been

    deprived of the valuable opportunity to prove material

    contradictions and omissions, and effectively challenge the

    fairness and legality of the investigation. It is also contended

    that the prosecution has failed to establish any motive

    attributable to the appellant.

    13. In view of the aforesaid facts and

    circumstances, it is submitted that the impugned judgment of

    conviction and order of sentence is fit to be set aside as the

    prosecution has miserably failed to prove its case beyond
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    reasonable doubt.

    14. Learned counsel for the Appellant relied on a

    Judgment of Rai Sandeep @ Deepu v. State (NCT of Delhi),

    reported in (2012) 8 SCC 21, wherein the Hon’ble Supreme

    Court has well discussed the concept of “sterling witness” and

    has held that where conviction is based solely on one witness,

    his testimony must be of very high quality and should inspire

    complete confidence. If the witness suffers from inconsistencies

    or improbabilities, conviction cannot be sustained.

    15. Referring to above Judgment, she argued that

    P.W.8 Nilesh Kumar Singh, being the sole witness after all other

    witnesses turned hostile, his testimony must satisfy the test of a

    sterling witness. She further relied on a Judgment Vadivelu

    Thevar v. State of Madras, reported in AIR 1957 SC 614,

    wherein the Hon’ble Supreme Court has discussed that

    conviction can be based on testimony of a solitary witness, if

    wholly reliable. She further argued that P.W.8, being the son of

    deceased and unsupported by any independent witness requires

    corroboration. She further relied on a Judgment in the case of

    State of Rajasthan v. Kalki, reported in (1981) 2 SCC 752,

    wherein it has been held that evidence of related witness

    requires careful scrutiny. She also relied on a Judgment in the
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    case of Behari Prasad v. State of Bihar, reported in (1996) 2

    SCC 317 and Arvind Singh v. State of Bihar, reported in (2001)

    6 SCC 407, wherein it has been held that non-examination of

    the Investigating Officer causes serious prejudice. Finally, she

    concluded her argument by relying on Judgment of Hon’ble

    Supreme Court in the case of Muluwa v. State of Madhya

    Pradesh, reported in AIR (1976) SC 989 and Sarwan Singh

    Rattan Singh v. State of Punjab, reported in AIR (1957) SC

    637, on an issue of suspicion, however strong, cannot take the

    place of proof.

    Submission on behalf of the Respondents

    16. Per contra, learned Additional Public

    Prosecutor, Satya Narayan Prasad, appearing on behalf of the

    State, while opposing the appeal submitted that the learned trial

    Court, after considering all the evidence and exhibits placed on

    record, has rightly convicted the appellant, as the offences

    alleged against the appellant appear to be serious in nature. It is

    contended that the prosecution has succeeded in proving the

    charges beyond all reasonable doubts. It is further submitted that

    any apparent contradictions and inconsistencies in the testimony

    of the prosecution witnesses are minor and trivial in nature,

    which do not affect the core of the prosecution case or the
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    overall credibility of the witness. Such discrepancies, it is urged,

    are liable to be disregarded in the interest of justice. Learned

    Additional Public Prosecutor placed reliance on the judgment of

    the Hon’ble Supreme Court in the case of Vadivelu Thevar v.

    The State of Madras, reported in AIR 1957 SC 614, in which it

    is held that “The Court unequivocally held that it is a well-

    established rule that the court is concerned with the quality and

    not the quantity of evidence, and that insisting on a plurality of

    witnesses would indirectly encourage subornation of witnesses

    and leave genuine crimes unpunished.” He further relied on the

    judgment of Hon’ble Supreme Court in the case of Adalat

    Yadav and Another v. State of Bihar, reported in 2026 INSC

    403 in which it has been held that “the testimony of a single

    injured eyewitness, if deemed of sterling quality, can seal a

    conviction even without independent corroboration and even

    where other alleged eyewitnesses have been discredited.”

    17. It is, therefore, submitted that the impugned

    judgment of conviction and order of sentence do not suffer from

    any legal infirmity or irregularity warranting interference by this

    Court in exercise of its appellate jurisdiction. The appeal is

    devoid of any merit and fit to be dismissed.

    Conclusion
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    18. We have heard the parties and perused the

    materials available on record as well as lower court records and

    proceedings and also taken note of the arguments canvassed by

    learned counsel appearing on behalf of the parties.

    19. It would be apposite to discuss the

    oral/documentary evidence as available on record to re-

    appreciate the evidence for just and proper disposal of the

    present appeal.

    20. PW-1 Yogendra Singh (co-villager), in his

    examination-in-chief, deposed that the occurrence had taken

    place about four years prior to his deposition at around 3:30

    p.m. He stated that he had just reached his house when he heard

    that Paras Singh had died and Dharamnath Singh had sustained

    injuries. The place of occurrence was the agricultural field of

    Dharamnath Singh. He further stated that he had not witnessed

    the assault. The witness was declared hostile at the request of

    the prosecution.

    21. In his cross-examination by the prosecution,

    PW-1 stated that his statement had been recorded by the police.

    He further deposed that he had only stated before the police that,

    upon hearing the hula, he proceeded to the place of occurrence

    where he found Dharamnath Singh lying injured and Paras
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    Singh lying dead. He categorically denied having stated before

    the police that he had witnessed the accused persons assaulting

    Dharamnath Singh. He also denied having stated that accused

    Domar Bind inflicted a spear blow on the abdomen of Paras

    Singh, causing an injury on the left side of his stomach, or that

    accused Kanchan Bind broke the spear and thereafter assaulted

    the deceased with the broken spear, inflicting injuries which

    resulted in his death. He further denied having stated before the

    police that, on seeing the villagers approaching, the accused

    persons fled from the place of occurrence. The witness denied

    the suggestion that he was deliberately suppressing the truth.

    The witness stated that he knew all the accused persons. He

    identified the seven accused persons present in Court.

    22. In his cross-examination by the defence, PW-1

    stated that he reached the place of occurrence after 15 minutes.

    He further deposed that he is a pattidar (agnate) of the deceased,

    Paras Singh.

    23. PW-2 Bhagwat Singh (co-villager), in his

    examination-in-chief, deposed that the occurrence had occurred

    about four years prior at about 3:00 p.m. He further stated that at

    that time, he was at his house and did not witness the occurrence

    himself. Upon receiving information about the incident, he
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    arrived at the place of occurrence, where he found Paras Singh

    was dead and Dharamnath Singh was in injured condition. He

    stated that his statement was recorded by the police, wherein he

    had also stated that he reached on the place of occurrence after

    receiving information and saw the dead body of Paras Singh and

    Dharamnath Singh in an injured condition. He further deposed

    that he did not recognize any of the accused persons and did not

    identify anyone present in Court.

    24. In cross-examination, PW-2 stated that the

    place of occurrence is situated at a distance of about 2

    kilometers from his house.

    25. PW-3 Janak Singh (co-villager), in his

    examination-in-chief, deposed that he had no knowledge about

    the occurrence of this case. He further deposed that on the date

    of the incident, he was at Pipra Fair. The learned additional

    public prosecutor submitted that the statement of PW-3 was not

    recorded in the case diary. This witness was not cross-examined

    by the defence.

    26. PW-4 Bishwanath Singh (co-villager), in his

    examination-in-chief, deposed that the occurrence had taken

    place about four and a half years prior. He stated that he did not

    remember the time of the occurrence. He further stated that on
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    the date of the incident, he had gone to the Pipra fair to purchase

    a bull and returned from the fair after two days. Upon his return,

    he came to know that a quarrel had taken place between Paras

    Singh and Bin people, and he heard that Paras Singh had died in

    the said quarrel. He further deposed that he had not seen anyone

    being killed, as he was not present on the date of the occurrence.

    He further stated that he did not remember whether his

    statement had been recorded by the police.

    27. In cross-examination, PW-4 stated that he came

    to know from the villagers that Paras Singh was dead.

    28. PW-5 Bikram Singh (co-villager), in his

    examination-in-chief, identified the signature and handwriting

    of Rameshwar Mahto on the fardbayan, which was marked as

    Exhibit-1. He also identified the handwriting and signature of

    Ali Hussain, the then Station House Officer of Barauli Police

    Station, which was marked as Exhibit-2.

    29. In cross-examination, PW-5 stated that it was

    not written in his presence.

    30. PW-6 Suresh Pandey (co-villager), in his

    examination-in-chief, deposed that on 19.10.1995 at 06:30 p.m.

    Sub Inspector (Daroga ji) came to his village carrying a piece of

    paper and asked him to sign it. He further stated that he signed
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    the document. The witness identified his signature on the

    seizure-list, which is marked as Exhibit-3. The witness was

    declared hostile at the request of the prosecution.

    31. In his cross-examination by the defence, PW-6

    stated that he was some distance away from the place of

    occurrence and went there only when the Sub-Inspector (S.I.)

    called him. He further deposed that the seizure list had already

    been prepared when he arrived, and he signed it. He further

    stated that he could not tell the length of the stick or the other

    seized article. He reached the place only after the incident had

    already occurred.

    32. PW-7 (Informant), in his examination-in-chief,

    deposed that he had gone to inspect his agricultural field, where

    he found the goats and cattle belonging to the accused persons

    grazing in his Rahar crop. When he protested, the accused

    persons surrounded him and started assaulting him. He further

    stated that he became nervous and could not recognize any of

    the accused persons. According to the informant when he was

    beaten and he became unconscious. He stated that he could not

    say who assaulted him or who assaulted the other. The

    informant was declared hostile at the request of the prosecution.

    33. In his cross-examination by the prosecution,
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    PW-7 stated that he did not remember whether he had given

    any statement to the police. He denied that he had stated before

    the police that Algu Bind had assaulted Paras with a stick and

    that the other accused had also assaulted him with sticks. He

    further stated that he did not remember telling the police that

    Domar Bind had struck his brother Paras in the stomach with a

    spear or that Kanchan Bind had assaulted his brother with a

    stick. He also did not remember informing the police that the

    incident had taken place at about 3:00 p.m. PW-7 explained that

    he was nervous. He denied the suggestion that he was

    suppressing the truth in collusion with the accused.

    34. In his cross-examination by the defence, PW-7

    stated that the field where the incident occurred was situated at a

    distance of about one to two bighas from his house. He deposed

    that he and his brother Paras had not gone to the field together

    and Paras did not have any enmity or strained relations with the

    accused. He also stated that the houses of other persons

    belonging to the accused’s locality were situated near the place

    of occurrence.

    35. The conviction was based on the deposition of

    Nilesh Kumar Singh (PW-8), who happens to be the son of the

    deceased. In his examination-in-chief he stated that the incident
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    occurred about five years ago at 3.30 P.M. on Thursday. At the

    time of the incident, this witness was at his home. He stated that

    his uncle Dharamnath Singh and his father had gone to inspect

    the fields. At that time the Bind brothers, including Palita Bind,

    Algu Bind, Shiv Bind, Dumar Bind, Kanchan Bind, Siraman

    Bind and Daroga Bind exchanged hot words and began beating

    his father and uncle. He stated that when there was a hulla, he

    went there to inspect. He further stated that he saw Dumar hit

    his father with a spear and Kanchan hit his father with the back

    of the spear, and others were beating his uncle with sticks. On

    receiving information, the police reached there, noted the report

    and left the place. He also stated that his father died as a result

    of beating. After his death, the villagers came there. This

    witness recognized all the accused present and claimed to

    identify them. He also stated that he told the Police that the

    accused fled away after seeing the villagers. The distance

    between the farm and his house is about 200 yards. There are

    five or six houses between the farm and his house. He further

    stated that his farm is after the houses of Sona Lal Manjhi,

    Urethi Bind, Saral Bind and Mati Laal Bind. He also stated that

    his statement was recorded by the police at the site of the

    incident, one or two hours after the incident. He also stated that
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    when he arrived, the accused had already beaten his father and

    uncle. The other villagers were not present. He stated that his

    father died and his uncle fell unconscious.

    36. In his cross-examination, P.W. – 8 stated that he

    had no enmity with the accused before the incident, and the area

    where the incident occurred is his land. There was no dispute

    over this land. He stated that his uncle and father went to ask the

    accused at 3.30 P.M.; he did not accompany them. Later on, he

    heard a hulla from both sides ten minutes after their departure.

    He further stated that he was grazing buffalo nearby and heard

    the hulla of his uncle and father, and then he ran towards that

    site. He was empty-handed. At that time his uncle had fainted

    and his father had died after the beating. He further narrated that

    his father did not bleed. His uncle had a fracture in his ankle. He

    also stated that when he went to save them, the accused persons

    did not beat him. The spear moved from the left side of his

    uncle. The first injury was from the spear. He further stated in

    his cross-examination that he did not know whether his father

    tried to stop the spear when it was thrown, as he had gone there

    later. He also stated that he had not seen the spear on the land

    but had seen the stick.

    37. P.W.9 the Medical Officer, who conducted
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    Postmortem examination on the dead body of Paras Singh,

    indicated that death was caused due to shock and hemorrhage as

    a result of caused by a sharp pointed and penetrating weapon

    such as Bhala and found the following ante mortem injuries:

    (1) Abrasion 1″ X 1/2″ over middle on right leg on

    lateral side.

    (2) Abrasion 1/2″ X 1/2″ over forehead in its

    middle near hair line.

    (3) Sharp penetrating wound 2/3″ X 1/2″ X deep

    into abdominal cavity situated within 10 th and 11th

    rib in mid axillary line on left side.

    On dissection the witness found abdominal cavity

    full of blood and blood clots and spleen punctured and inter

    costal space between 10th and 11th rib punctured. The witness

    stated that these injuries corresponded to injury no.3. The

    witness opined that, according to the doctor, the time elapsed

    since death was 24 hours. The witness identified his writing and

    signature on the Postmortem report marked Ext.4.

    38. In this case all the independent eyewitnesses

    namely Bishwanath Singh (PW-4), Yogendra Singh (PW-1) and

    Amresh Singh (not examined) failed to support the prosecution.

    The PW-1 turned hostile, PW-4 denied his presence and stated
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    he was away from village and Amresh Singh was not examined.

    39. Having carefully examined the entire

    evidence available on record and giving thoughtful

    consideration to the rival submissions made by the Learned

    Amicus Curiae for the Appellant and Learned APP for the State,

    this Court finds that a quarrel had taken place in the agricultural

    field of PW7 in the afternoon of 19.10.1995, which resulted in

    the death of Paras Singh, brother of the informant (PW7), due to

    injury caused to a vital part of the body.

    The most important point for consideration is as to

    whether the prosecution has been able to prove beyond

    reasonable doubt that the present appellant was the one who

    caused the death of Paras Singh, the brother of the informant

    (PW7).

    It is quite interesting that PW7, who also happens

    to be the informant and the brother of the deceased, and the one

    who was present at the site of the incident, was declared hostile

    at the request of the prosecution.

    PW-7 (Informant), in his examination-in-chief, had

    stated that he became nervous and could not recognize any of

    the accused persons. According to the informant when he was

    beaten and he became unconscious. He stated that he could not
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    say who assaulted him or who assaulted the other. In his cross-

    examination by the prosecution, PW-7 stated that he did not

    remember whether he had given any statement to the police. He

    denied that he had stated before the police that Algu Bind had

    assaulted Paras with a stick and that the other accused had also

    assaulted him with sticks

    40. It is important to consider whether PW-8 (son

    of the deceased), admittedly the sole witness against the

    appellant, can be considered a sterling witness, when he himself

    contradicts his own statements in this case, having stated in his

    testimony that he arrived later at the place of incident and

    further stated that he did not see the spear at the place of

    incident but saw a stick. Further, his testimony is not

    corroborated by the informant PW-7, or by the seizure-list

    witnesses. Here, it is important to note that a “sterling witness”

    is a credible, trustworthy and consistent witness whose

    testimony is so reliable that a Court can accept it without any

    corroboration. This indicates that quality rather than quantity of

    the testimony matters. For a witness to be considered a “sterling

    witness”, the testimony must meet great judicial standards. The

    unimpeachable consistency, the confidence in answering

    defence questions, and the independent and unbiased nature are
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    important. On perusal of the deposition of PW-8, it is quite clear

    that there are material contradictions and inconsistencies in his

    statements. Specially, in respect to where he was when the

    incident took place.

    The Hon’ble Apex Court in Rai Sandeep @ Deepu
    vs State Of NCT Of Delhi
    (2012 (8) SCC 21), in para has 22
    held that,
    “In our considered opinion, the ‘sterling
    witness’ should be of a very high quality and
    caliber whose version should, therefore, be
    unassailable. The Court considering the
    version of such witness should be in a
    position to accept it for its face value
    without any hesitation. To test the quality of
    such a witness, the status of the witness
    would be immaterial and what would be
    relevant is the truthfulness of the statement
    made by such a witness. What would be
    more relevant would be the consistency of
    the statement right from the starting point
    till the end, namely, at the time when the
    witness makes the initial statement and
    ultimately before the Court. It should be
    natural and consistent with the case of the
    prosecution qua the accused. There should
    not be any prevarication in the version of
    such a witness. The witness should be in a
    position to withstand the cross- examination
    Patna High Court CR. APP (DB) No.566 of 2000 dt.21-07-2026
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    of any length and howsoever strenuous it
    may be and under no circumstance should
    give room for any doubt as to the factum of
    the occurrence, the persons involved, as well
    as, the sequence of it. Such a version should
    have co-relation with each and everyone of
    other supporting material such as the
    recoveries made, the weapons used, the
    manner of offence committed, the scientific
    evidence and the expert opinion. The said
    version should consistently match with the
    version of every other witness. It can even be
    stated that it should be akin to the test
    applied in the case of circumstantial
    evidence where there should not be any
    missing link in the chain of circumstances to
    hold the accused guilty of the offence alleged
    against him. Only if the version of such a
    witness qualifies the above test as well as all
    other similar such tests to be applied, it can
    be held that such a witness can be called as
    a ‘sterling witness’ whose version can be
    accepted by the Court without any
    corroboration and based on which the guilty
    can be punished. To be more precise, the
    version of the said witness on the core
    spectrum of the crime should remain intact
    while all other attendant materials, namely,
    oral, documentary and material objects
    should match the said version in material
    Patna High Court CR. APP (DB) No.566 of 2000 dt.21-07-2026
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    particulars in order to enable the Court
    trying the offence to rely on the core version
    to sieve the other supporting materials for
    holding the offender guilty of the charge
    alleged.”

    (Emphasis Supplied)

    On the touchstone of the above principle, when we

    test the version of PW-8’s deposition, it is unfortunate that the

    said witness has failed to satisfy most of the tests mentioned

    above. The deposition of PW-8 suffers from material

    contradictions and inconsistencies. Since PW-8, being the son of

    the deceased, is an interested witness, his testimony must be

    examined with greater caution.

    Further in Krishan Kumar Malik v. State of

    Haryana (AIR 2011 SUPREME COURT 2877) in respect of

    the offence of gang rape under Section 376 (2) (g), IPC, it has

    been held as under in paras 31 and 32:

    “31. No doubt, it is true that to hold an
    accused guilty for commission of an offence
    of rape, the solitary evidence of the
    prosecutrix is sufficient provided the same
    inspires confidence and appears to be
    absolutely trustworthy, unblemished and
    should be of sterling quality. But, in the case
    in hand, the evidence of the prosecutrix,
    Patna High Court CR. APP (DB) No.566 of 2000 dt.21-07-2026
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    showing several lacunae, which have
    already been projected hereinabove, would
    go to show that her evidence does not fall in
    that category and cannot be relied upon to
    hold the appellant guilty of the said offences.

    32. Indeed there are several
    significant variations in material facts in her
    Section 164 statement, Section 161 statement
    (CrPC), FIR and deposition in court. Thus,
    it was necessary to get her evidence
    corroborated independently, which they
    could have done either by examination of
    Ritu, her sister or Bimla Devi, who were
    present in the house at the time of her
    alleged abduction. The record shows that
    Bimla Devi though cited as a witness was
    not examined and later given up by the
    public prosecutor on the ground that she has
    been won over by the appellant.”

    (Emphasis Supplied)

    41. It is relevant to state here that the I.O. was not

    examined in this case, the consequences of it is that the

    contradiction u/s 161 of Cr.P.C. could not be proved, defense

    lost valuable right of confronting the PW, place of occurrence

    could not be proved, seizure and investigation could not be

    verified, this leads to a serious prejudice to the defense coupled

    with the fact when most of the eye-witnesses have turned out to
    Patna High Court CR. APP (DB) No.566 of 2000 dt.21-07-2026
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    be hostile and conviction was based on a sole witness that too an

    interested witness.

    In this regard it is important to discuss here the

    case of Chhote Lal v. Rohtash and Others, [2023 INSC 1072],

    in which the Hon’ble Apex Court upheld the High Court’s

    acquittal, affirming that the testimony of a sole eyewitness —

    particularly one who is an interested witness with demonstrated

    enmity against the accused — must be examined with the

    greatest caution, and if material discrepancies are found, it

    cannot qualify as evidence of sterling quality”. The relevant

    portion i.e., para 13 of the said judgment is reproduced as

    below;

    “It may not be out of context to mention that
    the appellant/complainant, a sole
    eyewitness, happens to be the most
    interested witness being the father of the
    deceased and having long enmity with the
    group to which the accused persons belong,
    therefore, his testimony was to be examined
    with great caution and the High Court was
    justified in doing so and in doubting it so as
    to uphold the conviction on his solitary
    evidence”.

    (Emphasis Supplied)

    42. Because of the nature of evidence, which is
    Patna High Court CR. APP (DB) No.566 of 2000 dt.21-07-2026
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    available on record, the least, which ought to have been done by

    the learned Trial Court, was to accord the benefit of reasonable

    doubt to the appellant inasmuch as I am clearly of the view that

    in the light of the evidence on record, which I have discussed

    above, it was not proper to convict the appellant. The benefit of

    such a situation ought to have been given to the appellant. The

    Infirmities in the Prosecution’s Case which Lead to Reasonable

    Doubt are flaws that fail to meet the “beyond a reasonable

    doubt” standard. “Beyond a reasonable doubt” is the ultimate

    standard of proof in the legal system. It means that the

    prosecution must prove guilt conclusively, such that no

    reasonable or rational person could arrive at another explanation

    based on the evidence.

    43. The ultimate benchmark of “beyond a

    reasonable doubt” upholds the presumption of innocence in the

    legal system that we follow. The presumption of innocence is

    the absolute bedrock of a fair criminal justice system. It protects

    individuals from wrongful, arbitrary imprisonment by requiring

    the State to bear the burden of proof and to establish guilt

    beyond a reasonable doubt, rather than placing the burden on

    the accused to prove his innocence. It is pertinent to discuss here

    the landmark judgment of Kali Ram v. State of Himachal
    Patna High Court CR. APP (DB) No.566 of 2000 dt.21-07-2026
    27/30

    Pradesh, (1972) 2 SCC 808, which is a cornerstone of Indian

    criminal jurisprudence for its emphasis on the ‘presumption of

    innocence’ and ‘the strict standard of proof in criminal trials’,

    and hence one of the most celebrated judgments on the ‘benefit

    of doubt’ and the ‘presumption of innocence’ in Indian legal

    history. The said judgment was rendered by a three-Judge Bench

    of the Hon’ble Apex Court, wherein, in para 25, the Court held

    that:

    “Another golden thread which runs through
    the web of the administration of justice in
    criminal cases is that if two views are
    possible on the evidence adduced in the
    case, one pointing to the guilt of the accused
    and the other to his innocence, the view
    which is favourable to the accused should be
    adopted. This principle has a special
    relevance in cases wherein the guilt of the
    accused is sought to be established by
    circumstantial evidence. Rule has
    accordingly been laid down that unless the
    evidence adduced in the case is consistent
    only with the hypothesis of the guilt of the
    accused and is inconsistent with that of his
    innocence, the Court should refrain from
    recording a finding of guilt of the accused. It
    is also an accepted rule that in case the
    Court entertains reasonable doubt regarding
    Patna High Court CR. APP (DB) No.566 of 2000 dt.21-07-2026
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    the guilt of the accused, the accused must
    have the benefit of that doubt. Of course, the
    doubt regarding the guilt of the accused
    should be reasonable; it is not the doubt of a
    mind which is either so vacillating that it is
    incapable of reaching a firm conclusion or
    so timid that is hesitant and afraid to take
    things to their natural consequences. The
    rule regarding the benefit of doubt also does
    not warrant acquittal of the accused by
    report to surmises, conjectures or fanciful
    considerations. As mentioned by us recently
    in the case of State of Punjab v. Jagir Singh
    1974 3 SCC 227 a criminal trial is not like a
    fairy tale wherein one is free to give flight to
    one’s imagination and phantasy. It concerns
    itself with the question as to whether the
    accused arraigned at the trial is guilty of the
    offence with which he is charged. Crime is
    an event in real life and is the product of
    interplay of different human emotions. In
    arriving at the conclusion about the guilt of
    the accused charged with the commission of
    a crime, the Court has to judge the evidence
    by the yardstick of probabilities, its intrinsic
    worth and the animus of witnesses. Every
    case in the final analysis would have to
    depend upon its own facts. Although the
    benefit of every reasonable doubt should be
    given to the accused, the Courts should not
    Patna High Court CR. APP (DB) No.566 of 2000 dt.21-07-2026
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    at the same time reject evidence which is ex
    facie trustworthy on grounds which are
    fanciful or in the nature of conjectures”.

    (Emphasis Supplied)

    44. Applying the above principle to the facts of the

    case in hand, I find that the deposition of PW-8 cannot be taken

    as gospel truth on its face value, and in the absence of any other

    supportive evidence, there is no scope to sustain the conviction

    and sentence imposed on the appellant.

    45. In the result, this appeal succeeds. The

    impugned conviction of the appellant by the judgment, under

    appeal, and the consequential sentence, passed under the

    impugned order, are hereby set aside. The appellant is held not

    guilty of the offence, which he stand convicted of, and is

    acquitted of the same under benefit of doubt. The Appellant is

    acquitted of the offences alleged against him. The Appellant is

    on bail, therefore, he is discharged from the liabilities of his bail

    bonds.

    46. I put on record words of appreciation for the

    able assistance rendered by Ms. Anukriti Jaipuriyar, learned

    Amicus Curiae, to this Court in arriving at the proper conclusion

    for deciding the instant appeal. We direct the High Court Legal

    Services Authority to pay an amount of Rs. 10,000/- to Ms.
    Patna High Court CR. APP (DB) No.566 of 2000 dt.21-07-2026
    30/30

    Anukriti Jaipuriyar, learned Amicus Curiae, for service rendered

    by her.

    47. The Registry is directed to return the Lower

    Court’s Record forthwith along with a copy of this Judgment.

    (Alok Kumar, J.)

    Anil Kumar Sinha, J.:- I agree.

    
                                                                    (Anil Kumar Sinha, J.)
    
    
    Manish Kumar
    AFR/NAFR                AFR
    CAV DATE                23.06.2026
    Uploading Date          21.07.2026
    Transmission Date       21.07.2026
     



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