Patna High Court
Md. Ahsan Alam vs The State Of Bihar on 22 April, 2026
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.22 of 2019
Arising Out of PS. Case No.-226 Year-2015 Thana- AKBARPUR District- Nawada
======================================================
Md. Ahsan Alam son of Syed Maksood @ Syed Maksood Alam @ Md.
Maksood Resident of Village - Pachrukhi, P.S.-Akbarpur, District-Nawada
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (DB) No. 3 of 2019
Arising Out of PS. Case No.-226 Year-2015 Thana- AKBARPUR District- Nawada
======================================================
Md. Amir Hassan @ Amir Hassan son of Md. Maksood Resident of village-
Pachrukhi, P.S- Akbarpur, Dist- Nawada
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 22 of 2019)
For the Appellant/s : Mr.Shahabuddin Azeem @ S. Azeem
For the Respondent/s : Mr.Sri Shivesh Chandra Mishra
(In CRIMINAL APPEAL (DB) No. 3 of 2019)
For the Appellant/s : Mr.Shahabuddin Azeem @ S. Azeem
For the Respondent/s : Mr.Sri Dilip Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
and
HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)
Date : 22-04-2026
Both the appeals challenged the judgment of
conviction and order of sentenced passed in Sessions Trial
Nos.415 of 2016/319 of 2016, arising out of Akbarpur P.S. Case
No.226 of 2015 on 09.10.2018, whereby and whereunder, the
learned Additional Sessions Judge, 2nd Court at Nawada
Patna High Court CR. APP (DB) No.22 of 2019 dt.22-04-2026
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convicted both the appellants under Section 235(1) of the
Cr.P.C. and sentenced them as follows:-
"accused Md. Ahsan Alam is sentenced
to imprisonment for life and fine of Rs.1,00,000/-
(One lakh) for the guilt of offence under section
326A I.P.C. Further accused Md. Ahsan Alam is
sentenced to imprisonment for life and fine of
Rs.20,000/- (Twenty thousand) for the guilt of
offence u/s 307 I.P.C. Further accused Md. Ahsan
Alam is sentenced to 14 (fourteen) years rigorous
imprisonment with fine of Rs.20,000/- (Twenty
thousand) for the guilt of offence u/s 458 I.P.C.
Accused Ahsan Alam is sentenced to five years
rigorous imprisonment and fine of Rs.20,000/-
(Twenty thousand) for the guilt of offence u/s 354
I.P.C.
Accused Amir Hasan is sentenced to
imprisonment for life and fine of Rs.1,00,000/-
(One lakh) for the guilt of offence under section
326A I.P.C. Further accused Amir Hasan is
sentenced to imprisonment for life and fine of
Rs.20,000/- (Twenty thousand) for the guilt of
offence u/s 307/34 I.P.C. Further accused Amir
Hasan is sentenced to rigorous imprisonment of 14
(fourteen) years and fine of Rs.20,000/- (Twenty
thousand) for the guilt of offence u/s 458 I.P.C.
Further accused Amir Hasan is sentenced to
rigorous imprisonment for 05 (five) years and fine
of Rs.20,000/- for the guilt of offence u/s 354/34
Patna High Court CR. APP (DB) No.22 of 2019 dt.22-04-2026
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I.P.C. All the sentences shall run concurrently.
Fine imposed in this case to both accused shall be
paid as compensation to victim Soni Parveen who
is in need of life long help of others and medical
aid during whole life."
2. Brief facts leading to filing of the instant appeal are
as follows :-
"Akbarpur P.S. Case No.226 of 2015
dated 14.09.2015 under Section
448/354/307/326
(A)/34 of the I.P.C. was registered
on the basis of a statement made by one Md. Gayas
Khan before S.I. S.N. Chaudhary of Town police
station deputed at Sadar Hospital, Nawada at about
02:00 P.M. stating, inter-alia, that on 13.09.2015 at
about 10:00 P.M. he alogwith his family members
went to sleep after taking dinner. Her two
daughters, namely, Soni Parveen and Afsari
Parveen were lying on the cot in a room and his
wife and youngest daughter, namely, Kajal were
sleeping on a cot (pkjikbZ). The informant was
sleeping with his son, Afsar on the Varandah in
front of the said room, where the above-named
persons were sleeping. The door of the room was
open. At about 11:45 p.m. two neighboring young
man, namely, Md. Ahsan Alam and Balal
trespassed into his house and unauthorizedly
entered into the room, where his wife and
daughters were sleeping, then they threw acid on
Patna High Court CR. APP (DB) No.22 of 2019 dt.22-04-2026
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the body of Soni Parveen causing grievous burn
injury upon her person, when acid was thrown on
her body some portion of acid was sprinkled over
the body of the younger daughter of the informant,
namely, Afsari. As a result, both of them received
tremendous burning sensation and woke up and
raised hue and cry, which attracted the informant.
He saw that the above-named two accused persons
were fleeing away from his house. He chased them
from behind upto the entrance door of his house,
but they managed to flee away. The informant
returned to the room i.e. the place of occurrence,
because his daughters were screaming. The
informant also raised hue and cry which attracted
local people, they arranged for a four wheeler and
the informant brought both her injured daughters to
the hospital. On the date of giving Fardbeyan they
were under medical treatment. It is also stated by
the informant in his Fardbeyan that accused Md.
Ahsan used to contact his daughter Soni Parveen
over phone for a year long, over the said incident a
Panchayat Meeting was held. In the said Panchayat
meeting a quarrel broke out between the informant
and the accused persons. In order to take revenge
of the said incident, they committed the offence.
The informant also stated that on the date of
occurrence in the evening, the accused persons
asked the son of the informant where the family
members of the informant used to sleep. He did not
give any reply to such question.
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3. The oral statement of the informant was reduced to
writing treated as an F.I.R. and formal F.I.R. was drawn under
Section 154 of the Cr.P.C. The SHO Akbarpur Police Station
himself took up the case for investigation.
4. On completion of investigation, police submitted
charge-sheet against the above-named two accused persons and
one Md. Belal (still absconding) under section 448, 354, 307,
5. Since, the offence under Section 307 and 326(A) of
the I.P.C. were triable exclusively by the Court of Sessions, the
case was committed by the learned Chief Judicial Magistrate,
Nawada to the Court of the learned Sessions Judge, Nawada.
Subsequently, the case was transferred to the 2 nd Court of the
learned Additional Sessions Judge at Nawada for Trial and
disposal.
6. The learned Trial Judge framed charge against the
accused persons under Section 458, 326(A)/34, 354/34 of the
I.P.C. as well as 307/34 I.P.C against the accused persons. The
charge so framed was read over and explained to them to which
they pleaded not guilty, accordingly, Trial of the case
commenced.
7. In order to bring the charge against the accused
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persons, the prosecution examined as many as seven witnesses.
Amongst them, PW-1, Afsari Khatoon is the daughter of the
informant, who on the faithful date of occurrence was sleeping
with her elder sister Soni Parveen in the room of the informant.
She also received injuries by Acid attack; PW-2, Nuresha
Khatoon is the wife of the informant; PW-3, Md. Gayas Khan is
the informant; PW-4, Soni Parveen is the principal injured, who
received severe burn injuries due to Acid attack and she finally
survives after prolonged treatment in Patna Medical College and
Hospital and also in Safdarjung Hospital, Delhi. It is found from
the record that the cost of her treatment was borne by the State
Government. PW-5 was Md. Bakar Ahmad is one of the
neighbours of the informant; PW-6, Dr. Ajay Kumar is the
Medical Officer, who initially treated the injured girls; PW-7,
Ranjeet Kumar is the Investigating Officer of this case.
8. Defense case as disclosed from the cross-
examination of the witnesses on behalf of the prosecution and
examination of the accused persons under Section 313 Cr.P.C.,
appears to be complete denial and false implication of them by
the informant.
9. In support of the defense, the appellants examined
six witnesses. Amongst them DW-1 to DW-5 are local witnesses
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and DW-6 is a Medical Officer of Akbarpur Primary Health
Centre. It is the specific defense of the accused persons that the
daughters of the informant received burn injury by acid attack
by one Arif. However, due to the village dispute and enmity
between the informant and the accused persons, they were
falsely implicated. It is also stated that the name of appellant Md.
Amir Hassan @ Amir Hassan was not even stated in F.I.R. He
was falsely implicated long after the institution of the case, on
the basis of a statement made by victim under Section 164 of the
Cr.P.C. Thirdly, in respect of Md. Ahsan Alam against a specific
case was made out that on the date of occurrence, the above-
named appellant was attacked and injured by an Ox and he
received injury on his leg. He was medically treated in the local
Medical Health Centre. He was not in a position even to move
on the date of occurrence. Moreover, he was mentally ill and
once he tried to commit suicide by drowning in a well. The
appellants were not at all involved in the incident. However,
they were falsely implicated in this case.
10. The learned Advocate on behalf of both the
appellants have placed the evidence adduced by the witnesses
on behalf of the prosecution in detail, in order to show inherent
contradictions in the evidence of the witness on behalf of the
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prosecution.
11. It is contended by him that PW-1, PW-2, PW-3 &
PW-4, all are members of the family. They are absolutely
interested and inimical against the appellants. Therefore, the
appellants were falsely implicated in this case.
12. In order to substantiate his contention, it is
submitted by him that admittedly when the above-named
witnesses were sleeping, when the victim namely, Soni and
Afsari received acid attack and injuries, the victims were
sleeping inside a room. From their evidence, it is found that they
woke up after receiving injuries. Thus, none of the victims saw
any of the appellants actually committing the offence. In the
absence of such evidence, the appellants were implicated only
on circumstantial evidence. There is no eye witness account of
the incident. It is stated by both the victims that as soon as they
felt burning sensation on their persons, they woke up and saw
the appellants.
13. It is needless to say that while a person is sleeping
in a room, the room is kept in dark. There is no specific
evidence coming from the witnesses on behalf of the
prosecution that the victims and the wife of the informant saw
the appellants committing the offence.
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14. The learned Advocate on behalf of the appellants
next drew our attention to the cross-examination of PW-2-
Nuresha Khatoon, who is mother of the victim. The specific
suggestion was put to her that at the time of occurrence, there
was no electricity and it was a low shade. Therefore, it was not
possible for her or anybody to identify the accused persons.
After hearing the scream of the victims, she lit a lighter and
found her elder daughter Soni turning black receiving acid
injuries. Therefore, PW-2 cannot be a witness of the incident of
throwing acid over her daughters.
15. Even if the evidence of PW-3, Md. Gayas Khan is
accepted on his face value, he saw the accused persons fleeing
away from his house. Now a specific question is raised that if
some outsiders entered into the house of another and thereafter,
flee away it cannot be said that they entered into the house to
commit acid attack injury on the persons of the family members
of the informant. There may be other reasons like committing
theft or any other offence by the trespassers, but in the absence
of specific evidence in this regard, the learned Trial Judge was
wrong to hold both the accused persons guilty for committing
offence under the sections, in which they were charge. Thirdly,
it is submitted by the learned Advocate for the accused/
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appellants that from the evidence of PW-1 it appears that the
informant and the victims went first to the police station and
thereafter, to the District Hospital, Nawada. PW-1 also stated
that in the police station they met the police officer. According
to the learned Advocate for the appellants, when the informant
made the police officer for the first time before going to the
hospital, there must have been some statement made by him to
the police officer, which ought to have been treated as the First
Information Report. Withholding of the initial statement about
the incident makes the prosecution case doubtful and the
foundation of the prosecution case is shaken. Thus, it is
concluded by the learned Advocate on behalf of the appellants
that the prosecution failed to prove all circumstances, which
may be treated as hypothesis to the guilt of the appellants.
Therefore, the appellants are entitled to get benefit of doubt.
16. The learned Advocate on behalf of the
prosecution, on the other hand, submits that prosecution has
been able to bring home the charge against the accused persons.
The prosecution has also proved the motive behind the acid
attack because appellant Md. Ahsan Alam wanted to marry
Soni, but Soni refused his proposal and over the said incident a
Panchayat meeting was held. In spite of such settlement by the
Patna High Court CR. APP (DB) No.22 of 2019 dt.22-04-2026
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Panchayat, the principal appellant-Md. Ahsan Alam wanted to
marry Soni. Since, she refused to marry him, she received an
unfortunate fate and practically her appearance was disfigured
by acid attack.
17. The learned Advocate on behalf of the informant
has also supported the prosecution case.
18. Having heard the learned Advocates for the parties
and on perusal of the materials on record, we are of the view
that this is a case absolutely of circumstantial evidence. The
golden role of probity of circumstantial evidence has been laid
down in Sharad Birdhichand Sarda Vs. State of Maharashtra,
reported in (1984) 4 SCC 116 in the following words:-
“153. A close analysis of this decision
would show that the following conditions must be
fulfilled before a case against an accused can be
said to be fully established:
(1) the circumstances from which the
conclusion of guilt is to be drawn should be fully
established.
It may be noted here that this Court
indicated that the circumstances concerned “must
or should” and not “may be” established. There is
not only a grammatical but a legal distinction
between “may be proved” and “must be or should
be proved” as was held by this Court in Shivaji
Sahabrao Bobade v. State of Maharashtra where
Patna High Court CR. APP (DB) No.22 of 2019 dt.22-04-2026
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the observations were made: [SCC para 19, p.
807: SCC (Cri) p. 1047]
“Certainly, it is a primary principle that
the accused must be and not merely may be guilty
before a court can convict and the mental distance
between ‘may be’ and ‘must be’ is long and divides
vague conjectures from sure conclusions.”
(2) the facts so established should be
consistent only with the hypothesis of the guilt of
the accused, that is to say, they should not be
explainable on any other hypothesis except that
the accused is guilty,
(3) the circumstances should be of a
conclusive nature and tendency,
(4) they should exclude every possible
hypothesis except the one to be proved, and
(5) there must be a chain of evidence so
complete as not to leave any reasonable ground
for the conclusion consistent with the innocence of
the accused and must show that in all human
probability the act must have been done by the
accused.”
19. These five golden principals was subsequently
followed by the Hon’ble Supreme Court in Abdul Nassar Vs.
State of Kerala, reported in 2025 INSC 35.
20. In the instant case, the following circumstances
are found to be proved. Md. Ahsan Alam wanted to marry
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victim Soni. There is no cross-examination by the defense to
challenged the said claim by the witness. Secondly, it is
sufficiently proved by the witnesses on behalf of the prosecution
that even on the date of occurrence in the evening, Afsari
Khatoon was threatened by the accused persons saying that Soni
would have to marry Md. Ahsan Alam. Soni did not agree.
Therefore, Md. Ahsan Alam had grudge against Soni.
21. Another important circumstance is that the
incident took place at about 11:45 P.M. in village Pachrukhi
within Akbarpur police station. At the point of time, the
informant, victims and all other members of the family were
sleeping. Both the victims stated on oath that a lantern was
burning inside their room and as soon as they received burning
sensation, they woke up and saw the accused persons. It is very
natural that a person will wake up within a split of second from
sleep receiving tremendous burn injury by acid attack. Thus, it
is very probable and possible to see the accused persons inside
the room of the victims. Thirdly, beside the victims, no evidence
is forthcoming that any third person entered into the said room
to commit any such offence.
22. In course of cross-examination of the victims by
the defense, it was not suggested that the room where the
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victims received acid attack was dark; there was no source of
light or that lantern was not burning in the said room. In the
absence of such cross-examination, we have no reason to
disbelieve the evidence of the PW-1 and PW-4 regarding source
of light and identification of the accused persons by them.
23. In State of U.P. Vs. Hari Prasad & Ors., reported
in 1974 AIR 1740, the accused took a defense that as the
deceased was sleeping inside a room and there was no source of
light it was not possible for him to identify the deceased and
committed murder.
24. The Hon’ble Supreme Court observed that it was
difficult to disbelieve that though a lantern was burning just near
the place where Vishwanath, deceased,was sleeping, the accused
were unable to identify him. They knew Vishwanath intimately
and it is highly unlikely that they would commit a mistake of
such a grave nature. Indeed, if the various eye-witnesses were
able to identify the accused in the light of the lantern, the
accused should have been able to identify Vishwanath.
25. In the instant case, appellant-Md. Ahsan Alam was
previously known to the victim. According to the prosecution
case, he wanted to marry PW-4-Soni Parveen. Both the
appellant-Md. Ahsan Alam and the victim reside in the same
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village. Therefore, we have no hesitation to hold that the
appellant-Md. Ahsan Alam was identified in the light of the
lantern.
26. Identification in the light of lantern was also held
to be proved in the subsequent decisions by the Supreme Court
in Dina Vs. State of U.P., reported in AIR 1978 SC 1605, Nath
Singh Vs. State of U.P., reported in 1980 SCC (Crl) 968.
27. In State of U.P. Vs. Manohar Lal, reported in
AIR 1981 SC 2073, all the accused were known persons. Two of
the eye witnesses had opportunity of seeing the accused persons
from a very close distance. On such factual background, the
Hon’ble Supreme Court held that even if there is no sufficient
light they could have been identified by voice, by gait and by
their features. This observation by the Hon’ble Supreme Court
is absolutely applicable in the instant case. As the appellant-Md.
Ahsan Alam was well known to the victims, they had no
difficulty to identify him.
28. Though the learned Advocate on behalf of the
appellants strenuously urged that the mother of the victim told
that there was no electricity at that point of time and after
hearing the scream of her daughters she lit the lantern, but the
fact remains the above fact was suggested to the said witness
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which she denied, meaning thereby she also supported the
evidence of the victims with regard to identification.
29. On the issue of identification, the evidence of PW-
3, Md. Gayas Khan is that when he woke up he saw the accused
persons fleeing from his room. The said fact was not challenged
by the defense. There is no explanation as to why the appellants
entered into the said room. PW-5 is an independent witness,
who also stated that on the date and time of occurrence, he came
out from her house to ease himself and saw the accused persons
fleeing away. There is no reason to disbelieve the evidence of
PW-5. The extent of acid attack injury has been fully described
by PW-6 as hereunder :-
Injury of victim-Soni Praween-
“1) On the face whole (face) area burn.
2) B. eye white cornea by the Acid burn No.P.L.PR.
3) On the neck acid bur 6″x2″
4) Both thigh, acid burn 6″x3″
5) Both fore arm acid bur 2″x2″
6) On the back side acid burn 6″x3″
Opinion on – Refd. To P.M.C.H. Patna
for proper treatment and management and opinion
is Reserved upto P.M.C.S. Report.
M.I- Wound spot on the back side.
Time of wound – Between four to six hrs.”
Injury of victim-Afshari Praween
1) Acid burn on the buttock Rt. Side 3″x2″.
Patna High Court CR. APP (DB) No.22 of 2019 dt.22-04-2026
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2) On the neck burn 1″x2″.
Opinion- Simple in nature due to Acid burn.
Time of wound-Between four to six hrs.
M.I-Til on the neck back side.”
30. Added with the said circumstances, another
important factor is required to be stated in this case that the
accused Md. Ahsan Alam took the specific defense that he was
not in a position to move on the date of occurrence on being
attacked by an Ox on his legs. In support of his contention,
defense examined PW-6, Dr. Sanjay Kumar, from his evidence
we find that the above-named appellant came to the Primary
Health Centre on the date of occurrence in the evening with a
complaint of chest pain. Thus, the defense plea of receiving
injury by appellant-Md. Ahsan Alam begin attacked by a Ox is
proved to be false. Last but not the least, added with the above
circumstances, abscondance of the said accused immediately
after the occurrence adds to another circumstance proving
involvement of the accused in the offence.
31. So far as the involvement of Md. Amir Hassan @
Amir Hassan is concerned, we are of the view that appellant
Md. Amir Hassan @ Amir Hassan was not named in the F.I.R.
He was not implicated by the witnesses during their
examination under Section 161 Cr.P.C.. Only in the statement
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under Section 164 of the Cr.P.C. recorded by the learned
Magistrate after a pretty long time of the incident after about 04
(four) months, the said appellant was implicated. Therefore,
false implication of Md. Amir Hassan @ Amir Hassan cannot be
ruled out. As such, he is entitled to get benefit of doubt.
32. In view of the above discussion and on
independent appreciation of evidence, we find that the Trial
Court rightly convicted accused/appellant-Md. Ahsan Alam.
33. However, we are of the view that the appellant-
Md. Ahsan Alam in Cr. Appeal (DB) No.22 of 2019 is entitled
to get benefit of doubt in view of the fact that his specific role in
the offence has not been proved.
34. The learned Advocate on behalf of the appellant-
Md. Ahsan Alam submits that the quantum of sentence was not
in parity with the offence committed. For the offence of causing
injury by acid attack, the appellant ought not to have been
sentence to suffer rigorous imprisonment for life.
35. We have given anxious thought over the matter. It
is needless to say that causing grievous injury by acid attack is a
serious offence. Such attack does not only cause burning injury
on the person of the victim. It is sufficient to cause victims dis-
feaguration.
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36. In the instant case, it is submitted by the learned
Advocate on behalf of the State-Respondent that the victim was
recovered after a prolonged treatment in Safdarjung Hospital,
New Delhi. Her face and other parts of the body has been totally
dis-feagured. The appellant-Md. Ahsan Alam practically took
away all youthful dream of the victim, which she might cherish
to come in her future life. She is now living as a burden to her
parents. She has lost all her hops in her life.
37. Under such circumstance, if we modify the
quantum of sentence by awarding lesser punishment to the
appellant-Md. Ahsan Alam in Cr. Appeal(DB) No.22 of 2019,
we shall fail to do justice in favour of the victims.
38. For the reasons stated above, we are not in a
position to modify the sentence passed by the Trial Court
against appellant-Md. Ahsan Alam.
39. As a result, Criminal Appeal (DB) No.22 of 2019
is dismissed on contest. The judgment of conviction and order
of sentenced passed in Sessions Trial Nos.415 of 2016/319 of
2016, arising out of Akbarpur P.S. Case No.226 of 2015 is
affirmed.
40. Criminal Appeal (DB) No.03 of 2019 is however
allowed on contest.
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41. Appellant-Md. Amir Hassan @ Amir Hassan is
acquitted of the charge, set at liberty and release from bail. If the
appellant-Md. Amir Hassan @ Amir Hassan is in custody
released order be issued at once, if not wanted in any other case.
(Bibek Chaudhuri, J)
( Chandra Shekhar Jha, J)
mdrashid/-
AFR/NAFR N/A CAV DATE 22.04.2026 Uploading Date 27.04.2026 Transmission Date 27.04.2026