Ram Suresh Yadav @ Langa Yadav @ Ram … vs The State Of Bihar on 8 July, 2026

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    Patna High Court

    Ram Suresh Yadav @ Langa Yadav @ Ram … vs The State Of Bihar on 8 July, 2026

    Author: Chandra Shekhar Jha

    Bench: Chandra Shekhar Jha

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL APPEAL (DB) No.1196 of 2018
           Arising Out of PS. Case No.-121 Year-2011 Thana- RAJPUR District- Buxar
    ======================================================
    Ram Suresh Yadav @ Langa Yadav @ Ram Suresh Singh Son of
    Baliram Yadav, Resident of Village- Sarenja, P.S.- Rajpur, District-
    Buxar.
                                                        ... ... Appellant
                                 Versus
    The State of Bihar
                                                     ... ... Respondent
    ======================================================
    Appearance :
    For the Appellant/s     :        Mr.Rajendra Narain, Sr. Advocate
                                     Mr.Rashmi Bharti, Advocate
    For the Respondent/s    :        Mr.Shashi Bala Verma, APP
    ======================================================
       CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
                                and
             HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                         CAV JUDGMENT
      (Per: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA)
    
     Date : 08-07-2026
    
               Heard Mr. Rajendra Narain, learned senior advocate
    
     appearing on behalf of the appellant and Mrs. Shashi Bala
    
     Verma, learned A.P.P. for the State.
    
               2. The present appeal preferred under section 374(2) of
    
     the Cr.P.C. against the impugned judgment of conviction dated
    
     29.08.2018

    and order of sentence dated 31.08.2018, passed by

    learned Additional District and Sessions Judge, VI, Buxar

    SPONSORED

    passed in S. Tr. No. 114 of 2016 arising out of Rajpur P.S. Case

    No. 121 of 2011, whereby and whereunder the appellant was

    convicted for the offences punishable under section 302 of the

    Indian Penal Code (in short the “I.P.C.”) and ordered to undergo
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    rigorous imprisonment for life and also the fine of Rs. 25,000/-,

    further ordered to undergo R.I. for three years for the offence

    under section 27 of the Arms Act and fine of Rs. 1000/-. In

    default of payment of fine, three months R.I. was awarded to the

    appellant. The learned trial court ordered that all the sentences

    shall run concurrently.

    Brief case of the prosecution

    3. The brief case of the prosecution as it speaks through

    statement of Ramesh Rai (PW-3) that on 01.11.2011 at about

    4:45 P.M., while he was returning to his home from his rice mill

    and came at Sarenja main road, he saw Ram Suresh Yadav @

    Langa Yadav (the appellant), son of Baliram Yadav, Ashok

    Yadav, son of Baliram Yadav, both resident of village + Post –

    Sarenja; Jitendra Yadav, son of not known (Hira Yadav);

    resident of village – Kathtar. All three belonged to P.S. – Rajpur,

    District – Buxar, and equipped with rifle in their hand, fired

    upon his father Ranjeet Rai before him and further alleged that

    Sanjay Yadav, son of not known, R/o – village Taranpur,

    Hirdaya Yadav, son of not known, R/o – village Ekdar,

    Ramashish Yadav, son of not known, R/o – village Maraniya,

    Bihari Yadav, son of not known, R/o – village Taranpur, Umesh

    Yadav, son of Dipa Yadav, R/o – village Jagpurva, all are of
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    Rajpur police station, District – Buxar and were equipped with

    rifle in their hand, shouting to kill his father. It is also alleged

    that Baliram Yadav, son of Ramdeo Yadav, resident of Rajpur,

    district – Buxar, ordered to fire upon him and after firing, they

    were fled away in western side, thereafter, he came to his home

    and called his family members. The reason supplied behind the

    occurrence is that in panchayat election, Mukhiya Sukhrajo

    Devi defeated the wife of elder brother of the deceased, namely,

    Shail Kumari Devi, and further reason was assigned that there

    are litigation between the parties in Buxar court, which asked to

    compromise forcibly. It is also stated that Mukhiya Sukhrajo

    Devi, wife of Suresh Yadav @ Langa Yadav (the appellant) was

    shouting on road as to kill his father so that Shail Kumari Devi

    would not in position to contest panchayat election. The

    aforesaid statement was read by the informant and found it

    correct, he signed on the statement, in presence of his villagers

    namely, Shashi Bhushan Rai (PW-1), Jatashankar Rai and

    Brijmohan Rai (PW-7), son of Raghubansh Rai.

    4. On the basis of said written information, Rajpur P.S.

    Case No. 121 of 2011 dated 01.11.2011 was registered for the

    offences punishable under sections 302/34 of the Indian Penal

    Code and Section 27 of the Arms Act. After concluding
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    investigation, police submitted charge-sheet against the

    appellant for the offences punishable under sections 302,

    120B/34 of the I.P.C. and section 27 of the Arms Act vide

    charge-sheet no. 03 of 2012. The learned jurisdictional

    Magistrate after perusal of materials and records took

    cognizance accordingly and after compliance of section 207 of

    the Cr.P.C. committed this case to the court of sessions under

    section 209 of the Cr.P.C. for its trial and disposal.

    5. After commitment, learned trial court, upon perusal

    of records and materials collected during investigation framed

    charges against accused-appellant and explained the charges to

    the accused/appellant in his vernacular language, which he

    pleaded “not guilty” and claimed to be tried.

    6. To substantiate its case, prosecution altogether

    examined following 09 witnesses:

    PW-1 – Shashi Bhushan Sharma
    PW-2 – Umesh Rai
    PW-3 – Ranjeet Rai (Informant of the case)
    PW-4 – Dr. Anil Kumar Singh
    PW-5 – Achyutanand Rai
    PW-6 – Ranglal Chouhan
    PW-7 – Brij Mohan Rai
    PW-8 – Shyam Bihari Rai, and
    PW-9 – Braj Kishore Singh

    7. The prosecution has also produced following
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    documentary evidence:

    Exhibit ‘1’ – Signature of informant on fard-e-
    beyan
    Exhibit 1/1 & 1/2 – Signature of Achyutanand Rai
    and Ranglal Chouhan on the inquest report.
    Exhibit ‘2’ – Post-mortem report.

    Exhibit ‘3’ – Pages in FIR
    Exhibit ‘4’ – Formal FIR
    Exhibit ‘5’ – Inquest report of the deceased.
    Exhibit ‘6’ – Seizure list of blood soil.
    Exhibit ‘7’ – Sanha
    Exhibit ‘8’ & 8/1 – F.S.L. Report.

    8. After examination of prosecution witnesses and by

    taking note of evidence as surfaced during trial, statement of

    accused/appellant was recorded under Section 313 of the

    Cr.P.C., which was denied by the appellant in totality by

    claiming his complete innocence and false implication.

    9. Upon perusal of the evidence surfaced during the

    trial and hearing the parties, learned trial court convicted the

    accused/appellant for the offences punishable under section 302

    of the IPC and section 27 of the Arms Act and passed the order

    of sentence as mentioned aforesaid. Being aggrieved with, the

    present appeal has been preferred by the accused/appellant.

    10. Hence, the appeal.

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    Argument on behalf of the appellant

    11. Mr. Rajendra Narain, learned senior advocate

    appearing on behalf of the appellant submitted that the appellant

    was falsely implicated with the present case being husband of

    the Sukhrajo Devi, who won election defeating the wife of elder

    brother of the deceased. It is pointed out that as the wife of the

    appellant was won the election, there was no occasion to

    commit murder of brother-in-law of defeating candidate namely,

    Shail Kumari Devi and, therefore, the motive as assigned

    through FIR cannot be said convincing.

    12. It is further submitted by Mr. Narain that the

    informant and other prosecution witnesses are not the eye

    witness of the occurrence, rather they projected themselves as a

    chance witness and, therefore, several material contradictions

    were surfaced during the trial, which was completely

    overlooked by the learned trial court while recording the present

    impugned judgment of conviction.

    13. In this context, Mr. Narain submitted that the

    maximum witnesses including the informant are interested

    witness being relative of the deceased and his family and

    therefore their testimony cannot be said under the category of

    “wholly reliable”, particularly when status of the informant and
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    witnesses claiming themselves as an eye witness appears

    doubtful.

    14. It is further argued by Mr. Narain that trial of rest

    of the two accused was separated including the accused Ashok

    Yadav and Jitendra Yadav as trial no. 97/2012, who specifically

    alleged to fire upon the father of the informant. In this context, it

    is submitted that almost same prosecution witnesses were

    examined in the separate trial, who examined in the present

    case, but considering the material contradiction and also the

    ocular version of the prosecution witnesses not appears

    corroborating the medical evidence qua gunshot injury, by

    giving benefit of doubt, they were acquitted along with other co-

    accused persons, who faced the trial.

    15. Taking shelter of acquittal of Ashok Yadav and

    Jitendra Yadav, who specifically alleged to fire upon the

    deceased father of the informant, it is submitted by Mr. Narain

    that one of the learned trial court who recorded the judgment of

    acquittal, could not believe common intention and also unlawful

    object and, therefore, on this score, the present conviction of the

    appellant which was recorded through separate trial (S. Tr. No.

    114/2016) by another Sessions Judge is bad in the eyes of law.

    16. It is also argued by Mr. Narain that appellant
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    himself is a man of criminal background as he was involved in

    some drug cases and therefore he might be killed by some other

    persons but to settle the political rivalry and also the pending

    litigation, the present false case was lodged against the appellant

    and his family members.

    17. In support of the submission, Mr. Narain, relied

    upon the legal report of Hon’ble Supreme Court as available

    through Punimati and Anr. Vs. State of Chhattisgarh and

    Ors. reported in 2025 SCC OnLine SC 2866; Kannaiya Vs.

    State of Madhya Pradesh reported in 2025 INSC 1246 = 2025

    SCC OnLine SC 2270; Rajendra Singh and others Vs. State

    of Uttaranchal reported in 2025 SCC OnLine SC 2148.

    18. While concluding argument, it is submitted by Mr.

    Narain that in view of aforesaid factual and legal aspects, it

    cannot be said with sure that involvement of appellant in murder

    of the father of the informant is doubtful and, therefore, he is

    equally entitled for the benefit of doubt, to establish its case

    beyond all reasonable doubt.

    19. Mrs. Shashi Bala Verma, learned A.P.P. for the

    Sate, while opposing the appeal, submitted that minor

    contradictions are bound to be surfaced during the trial and,

    therefore, on the basis of same, conviction recorded by the
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    learned trial court which is fully corroborated with ocular

    evidence cannot be viewed with doubt

    20. It is also submitted by learned A.P.P. that

    allegation against this appellant is specific as to fire upon the

    head of the father of the informant (PW-3) which appears

    consistent throughout during the trial in the testimony of all

    prosecution witnesses, which is also fully corroborated with the

    medical evidence. The bullet was also recovered and sent for

    forensic examination, which also corroborated the allegation.

    21. Learned A.P.P. further submitted that acquittal of

    other set of accused through different session trial is of no

    relevancy qua appellant for the reason that in their given set of

    facts after appreciating the evidence, the benefit of doubt was

    extended to the other co-accused persons. Moreover, the

    acquittal of co-accused persons is also challenged by the first

    informant which is pending before this Court through separate

    appeal bearing Cr. Appeal (DB) No. 1291 of 2018.

    22. It is also submitted that motive behind the

    occurrence was the political enmity and pending litigation

    between parties, accordingly, there is no occasion to interfere

    with the finding of the learned trial court which is based upon

    the correct appreciation of evidence.

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    23. We have perused the trial court records carefully

    and gone through the evidences available on record as also

    considered the rival submissions as canvassed by learned

    counsel appearing on behalf of the parties.

    24. PW-1 is Shashi Bhushan Rai, who during trial

    supported the date and time of the occurrence and deposed that

    he was going towards road and when he came on pucca road

    and proceeded towards tea stall of one Hardeo Chouhan, he saw

    four motorcycles parked near to a Pakar tree. 8-10 persons were

    stand there and were equipped with rifle. While he was taking

    tea he saw that Ramesh Rai and his father were coming on

    motorcycle. It was the first day of Chhath Puja and Chathvrati

    were also going on road, in the meantime, motorcycle came

    over there and he saw that appellant namely, Ram Suresh Yadav

    @ Langa Yadav fired upon Ranjeet Rai, which hit on the back

    side of his skull and immediately he fell down, whereafter

    Ashok Yadav and Jitendra Yadav both fired on the chest of

    Ranjeet Rai, one fire by each. Thereafter, Ashok Yadav and

    Jitendra Yadav bolted their rifles to fire upon Ramesh Rai and

    fired upon him, whereafter Ramesh Rai fled away. He named 8-

    10 persons who were gathered over there as Ram Suresh Yadav

    @ Langa Yadav, Ashok Yadav, Jitendra Yadav, Umesh Yadav,
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    Ramashish Yadav, Bihari Yadav, Hirdaya Yadav and Sukhrajo

    Devi. The accused persons after occurrence made indiscriminate

    firing and fled towards western side. He deposed that present

    occurrence took place due to panchayat election rivalry. He

    identified his signature on the fardbeyan of Ramesh Rai (PW-

    3) , which upon his identification exhibited as Exhibit ‘1’. He

    identified appellant before the accused as the same person who

    fired upon Ranjeet Rai. He also said on his own during his

    examination-in-chief that while he was coming for his

    deposition, he was threatened by appellant in court gallery

    saying that he would not remain alive.

    24.1. Upon cross-examination, it was stated by him

    that he is the resident of village Sarenja. His PACs godown is

    near to the place of occurrence where he usually visit in

    evening. He deposed that near to the place of occurrence, there

    is a pond, where the ladies usually performed their rituals in the

    evening of Chhatt Puja festival. He also stated that 3-4 persons

    were also present at the tea shop who were not his co-villager.

    His house is at the distance of 500-600 yards from the house of

    the informant, namely, Ramesh Rai (PW-3). It was stated that as

    per him the occurrence took place on middle of the road near to

    Pakar tree, which is about 60-70 yards away from Sarenja
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    Mode. He also stated that in the western side of the shop of

    Hardeo there is another tree stall of one Ram Nath Kurmi and in

    southern side of the road there is a shop of Suresh Dhobi, saloon

    of Rajendra Thakur, Betel shop of Chhattu Chourasiya, the shop

    of Dipak Chouhan, Litti shop of Mukhtar Chouhan. It is further

    stated that the informant is not his brother, but out of social

    acquaintance he has brotherly relation. It is stated by him that he

    saw Ramesh Rai after air firing, which created a rucus like

    scene at the place of occurrence. He also got afraid and after

    hearing the sound of firing the accused started flee away. He

    saw the occurrence by hiding himself as he had no occasion to

    flee away. It was stated by him that Umesh Rai (PW-2),

    Achyutanand Rai (PW-5), Shyam Bihari Rai and Langru

    Chouhan arrived at the place of occurrence after the occurrence.

    He also stated that after the occurrence informant fled away, but

    he could not said that where he went, but he again noticed him

    after 4-5 minutes at the place of occurrence. It was stated that

    Daroga Jee (police) came somewhere between 7-8 P.M. on the

    date of occurrence. He could not saw whether the body was seen

    by Daroga Jee or not. Ramesh Rai was also present with him. At

    the time of recording of statement, he said to stand at some

    distance and when it was read over, he signed it. He denied the
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    suggestion that his statement with police was different. He

    denied that his statement was recorded on 13.11.2011. He could

    not remember that whether by that time post-mortem was

    conducted upon the deceased or not and further denied that after

    post-mortem he modulated the prosecution story. He affirmed

    his statement that he said to police that he sit on daily basis at

    his katra near to the place of occurrence and on the date of

    occurrence he was coming on foot and as he was away about

    100 yards east from the place of occurrence, he heard the sound

    of 5-6 rounds of firing. He also affirmed his statement given

    before police that the persons who were in crowd are Ram

    Suresh Yadav @ Langa Yadav, Ashok Yadav, Baliram Yadav,

    Sukhrajo Devi, Jitendra Yadav, Umesh Yadav, Sanjay Yadav,

    Hari Yadav, Bihari Yadav etc. He also affirmed that he said to

    police that Ashok Yadav and Jitendra Yadav came near to the

    motorcycle whereafter Ram Suresh Yadav @ Langa Yadav

    (appellant) fired upon the skull of Ranjeet Rai from his back and

    also stated that Jitendra Yadav, Ashok Yadav, Ramashish Yadav,

    Umesh Yadav, Ram Suresh Yadav, Bihari Yadav, Hirdaya Yadav,

    Sukhrajo Devi fled towards western side after making firing. He

    stated that the panchayat election was won by Sukhrajo Devi. It

    was also stated by him that his father was murdered in 1996 and
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    he was the informant in that case, where the appellant and

    Baliram Yadav was the accused. He could not say about the

    outcome of that case. He denied the suggestion that out of

    previous enmity and being close man of the informant, he

    deposed falsely.

    25. PW-2 is Umesh Rai. He is the brother of the

    informant and also the son of the deceased. He also supported

    the date and time of occurrence. He also claimed himself as an

    eye witness of the occurrence saying that he was going to

    Chhatt Ghat and as he came to Sarenja Mode, he saw that four

    motorcycles were standing ahead 40-50 feets near to Pakar Tree,

    where 9-10 persons were also standing equipped with arms. He

    identified those persons as Ram Suresh Yadav @ Langa Yadav

    (appellant), Ashok Yadav, Baliram Yadav, Jitendra Yadav,

    Umesh Yadav, Hirdya Yadav, Bihari Yadav, Sanjay Yadav,

    Ramashish Yadav and Sukhrajo Devi. He stopped at Mode itself

    and saw that one bullet motorcycle is coming from eastern side,

    on which his younger brother Ramesh Rai was at driver seat and

    his father (deceased) was sitting as pillion rider and when they

    came near to Langa Yadav (appellant), he fired upon him, but it

    could not hit. By that time, motorcycle came closely, whereafter

    Ashok Yadav and Jitendra Yadav stopped the motorcycle and
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    pulled his father from motorcycle, whereafter Langa Yadav

    (appellant) fired on backside of his father. Subsequently,

    Jitendra Yadav and Ashok Yadav also fired on his chest. He

    deposed that blood started oozing from the body of his father

    and he died on spot. His younger brother (informant) started to

    flee away but it was said by Sukhrajo Devi (wife of the

    appellant) to kill him also, whereafter all opened fire upon him.

    After the occurrence, the accused persons fled away. He also

    deposed that occurrence took place due to election rivalry. He

    identified the appellant/accused during the trial.

    25.1. Upon cross-examination, he stated that the

    informant is his brother and the date of occurrence was the first

    day of Chhath Puja. He also stated that a Chhath Ghat is

    available near to the place of occurrencem where generally 200-

    300 people gathered on the occasion of chhath Puja. It was

    stated by him that the FIR was lodged in the night and in his

    earlier statement he said that occurrence took place at 10:00

    P.M. He could not remember whether he was talked with the

    informant (PW-3) before the occurrence or not. He could not

    remember that while deposing in session trial no. 97/2012, he

    deposed that he met with Ramesh Rai before the occurrence. He

    also named the shopkeepers whose shops are closed to the place
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    of occurrence. It was stated that the first firing was made from a

    distance of 20-25 ft. It was also stated that after the first firing,

    second firing was made with an interval of one minute. He

    denied the suggestion that he could not made statement before

    the police that Jitendra Yadav and Ashok Yadav pulled his father

    from motorcycle. He also denied that he could not made

    statement before police that Jitendra Yadav and Ashok Yadav

    fired on the chest of his father and Sukhrajo Devi said to kill

    him also. He affirmed that motive behind the occurrence is only

    the election rivalry arising out of panchayat election. He denied

    that his father was not smuggler of heroine and he was

    convicted in any such case. He also denied that his father ever

    captured the house of anyone. He denied the suggestion that no

    such occurrence like present ever took place and also that his

    father was not in inimical terms with appellant/accused.

    26. PW-3 is Ramesh Rai. He is the informant of this

    case and also the son of the deceased. He supported the date

    and time of the occurrence as stated in the FIR. At the time of

    occurrence, he was also returning to his home from his rice mill

    along with his father and when he came to Sarenja Mode, he

    saw that Ram Suresh Yadav @ Langa Yadav (appellant), Ashok

    Yadav, Baliram Yadav, Jitendra Yadav, Umesh Yadav, Hirdya
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    Yadav, Bihari Yadav, Sanjay Yadav, Ramashish Yadav and

    Sukhrajo Devi were equipped with rifle in their hand, when he

    came near to them, Langa Yadav (appellant) fired upon him, in

    the meantime, his motorcycle also came closely to them,

    whereafter Ashok Yadav and Jitendra Yadav pulled his father

    from the motorcycle and thereafter Ram Suresh Yadav @ Langa

    Yadav fired on his skull from back, in his presence.

    Immediately, after receiving bullet shot his father fell down,

    whereafter Ashok Yadav and Jitendra Yadav fired on his chest.

    All persons were making fire in the air. Sukhrajo Devi was also

    standing near to the place of occurrence and shouting to kill

    otherwise will again contest the election and when Langa Yadav

    (appellant) bolted rifle to fire upon him, he fled away to his

    home. He recorded his statement before police on same very

    day. He identified his signature on fardbeyan, which upon his

    identification, exhibited as Exhibit ‘1’. He also deposed that the

    occurrence took place due to election rivalry. He identified the

    appellant/accused in court.

    26.1. Upon cross-examination, he stated that Umesh

    Rai (PW-2) is his own brother. After the occurrence, he went to

    his home, but he could not remember whether he talked with

    anyone or not. He could not even say that who were present in
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    the house. It was stated that he returned to the place of

    occurrence but could not stated about the time. He also stated

    that he remembered everything regarding the occurrence and he

    also made statement before the police that he was going on

    motorcycle. He could not said to police anything about the

    registration number of the motorcycle. There was no scratch on

    the motorcycle. He affirmed to depose earlier also in separate

    trial of this case, where he deposed that when he came near to

    Sarenja Mode, then he saw the accused persons. It was also

    affirmed that firing was made from 50 fts. It was also affirmed

    by him that he stated through FIR, that when he came near to

    accused persons, Ashok Yadav and Jitendra Yadav pulled his

    father from motorcycle but he remain seated. It was stated that

    at the time of first firing his father was sitting on the motorcycle

    and before second firing he was pulled from motorcycle,

    whereafter he had fled away. His father fell down immediately

    after receiving the bullet shot and by that time he was sitting on

    the motorcycle. It was stated that his father was accused in one

    NDPS Case, where he was acquitted from the High Court. He

    also supported the presence of Chhatvrati, where the occurrence

    took place. It was stated that he saw Langa Yadav (appellant)

    and other accused persons from a distance of 50 fts. It is further
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    stated that after the occurrence and before lodging FIR he met

    with Shashi Bhushan Rai (PW-1), Umesh Rai (PW-2), Ranglal

    Chouhan (PW-6), Suman Yadav, Baliram Yadav, Achyutanand

    Rai (PW-5), Shyam Bihari Rai (PW-8). They all met with him at

    the place of occurrence but he could not say that after passing

    what time he met with them at the place of occurrence. He

    remained at his house at about 10 minutes after the occurrence

    and he could not say whether in between he met with Umesh

    Rai (PW-2), Sourabh Rai (not examined), Abhishek Rai (not

    examined). Upon drawing his attention, he could not say that he

    deposed in another case related with same FIR qua another

    accused persons that within said 10 minutes he met with

    aforesaid persons. He could not say even the appellant was

    engaged in Chhath Puja on that day. It was stated that after the

    occurrence his motorcycle was seen by the Investigating Officer

    and Superintendent of Police, but no paper related with

    motorcycle was asked from him. He also stated that in the north

    of place of occurrence there is Tea stall of Ram Nath, Betal

    Shop of Panna Chourasiya, Litti Chokha of Hardeo Chouhan

    and Fish Shop of Mukhtiyar Chouhan. In south, there is saloon

    of Rajendra Thakur, betel shop of Chhathulal and fruit shop of

    Dipak Chouhan. He could not remember whether these
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    shopkeepers made statement before police or not. He recorded

    all his statement in FIR. He denied the suggestion that he did

    not said in FIR that at the time of occurrence he was on

    motorcycle. It was also stated that at the time of occurrence his

    father was wearing cream colour Kurta of Matka fibre. He could

    not say whether his cloth was seized by police or not. He denied

    the suggestion that his father was a heroine smuggler and no

    such occurrence took place as he deposed.

    27. PW-4 is Dr. Anil Kumar Singh. He deposed that

    on the date of occurrence i.e. 02.11.2011, he was posted as

    Medical Officer at Sadar Hospital, Buxar and performed the

    post-mortem examination on the dead body of deceased Ranjeet

    Rai and found following anti-mortem injury, which are as under:

    (i) Lacerated wound left lower chest 3″ x 1¼” x organ

    deep with periphery of blackening with signing of heirs

    with inverted margin.

    (ii) Lacerated wound left right parietal region below

    the costal margin 4½” x 2½” x skin deep with

    blackening at its external end with fatty tissue

    scattered over the margin.

    (iii) Abrasion injury occipital region of skull in a

    diameter of 4 ½” with inverted margin fracturing
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    occipital temporal left parietals, sphnodial and nasal

    bones with lacerated margin with blackening at its left

    border brain matter found dram any out of the skull

    cavity.

    A bullet 1¼” length and a bare diameter of 9 mm was

    recovered from the right chest cavity adhered to the

    posterior wall collected, sealed and leveled and

    handed over to the police personnel.

    Body was brought and identified by constables Ram

    Asheri Singh and Jag Narain Singh, Right Eye semi

    closed left eye closed, small bleeding left nostrial and

    left ear.

    Rigor mortis present in all the 4 limbs.

    I to IV cervical vertebra fractured. Brain &

    Membranes – torn & anulged.

    Larynx & Trachea – Severed at its upper end.

    Lungs – Pale.

    Heart – Both chambers empty.

    Large vessels – Tributaries of carotids & Middle

    meningeal artiry severed.

    Peritoneum – Torn, punctured wound left dome of

    diaphragm, O esophagus severed at its upper end.
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    Stomach – Semi digested food.

    Liver – Pale

    Spleen – congested.

    Kidney – Pale

    Bladder – Empty

    other – N.A.D. (nothing abnormal detected)

    Cause of death – Hemorrhage & shock caused by fire

    arm injuries.

    Time since death – between 4 to 24 hours.

    28. It is further deposed by PW-4 that he has signed on

    the post-mortem report and identified the same and upon his

    identification, the report was marked as Exhibit ‘2’.

    29. PW-5 is Achyutanand Rai. He is also supported

    the date and time of the occurrence as 01.11.2011 and 4:45 P.M.

    respectively. It was deposed by him that while he was returning

    from Buxar, after taking medicine from his Jeep and going to

    Sarenja, he saw rucus there and people were saying that his

    brother Ranjeet Rai was killed by Langa Yadav (appellant)

    gang. He found his brother dead. It was deposed that police

    prepared inquest report of his dead brother, which he signed. He

    also identified his signature over there. It was said that the

    occurrence took place due to election related enmities.
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    29.1. Upon cross-examination, he stated that he

    disclosed the name of persons to police, who said him about the

    occurrence. He recorded his statement before police at about

    8:30 PM on the date of occurrence and by that time, inquest

    report was already prepared. It was also stated by him that one

    of the female family members lost election in the hand of

    Sukhrajo Devi (wife of the appellant), against which she also

    filed appeal, which was rejected.

    30. PW-6 is Ranglal Chouhan, who supported the

    date and time of occurrence as mentioned in the FIR. At the

    time of occurrence, he was standing on the Betel shop near to

    place of occurrence and saw that Ram Suresh Yadav @ Langa

    Yadav (appellant), Jitendra Yadav, Ashok Yadav and other

    accused persons were standing there, equipped with rifle. He

    also deposed that Ramesh Rai (PW-3) was coming from eastern

    side along with his father on motorcycle. Langa Yadav

    (appellant), Jitendra Yadav and Ashok Yadav stopped the

    motorcycle and dragged Ranjeet Rai from motorcycle,

    whereafter the appellant fired on the backside of the skull of

    Ranjeet Rai by his rifle. Jitendra and Ashok Yadav also fired on

    his chest. Sukhrajo Devi said to kill Ramesh Rai (informant).

    Whereafter, everyone started to fire indiscriminately, but
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    Ramesh Rai fled away, whereafter the accused persons also fled

    away in western side. He also supported by saying that the

    occurrence took place in the background of enmities arising out

    of panchayat election. He also signed the inquest report of

    Ranjeet Rai. He identified the signature over the carbon copy,

    which upon his identification exhibited as Exhibit 1/1A and

    Exhibit 1/2. He identified the accused persons.

    30.1. Upon cross-examination, he deposed that he

    signed the inquest report on the next day and Achyutanand Rai

    (PW-5) also signed with him. He made statement to police on

    03.11.2011. He denied the suggestion that he never made

    statement before police that Langa Yadav (appellant), Jitendra

    Yadav and Ashok Yadav pulled Ranjeet Rai from motorcycle

    and thereafter Ram Suresh Yadav @ Langa Yadav (appellant)

    shot on the back of his head, whereafter, Jitendra and Ashok

    Yadav fired on his chest. He could not name the shopkeeper of

    the Betel shop, where he was standing. He affirmed that he

    made statement before police that Ramesh Rai @ Pintu started

    to flee away with motorcycle but it was pulled by back and

    thereafter the firing was made, resultantly deceased fell down

    from the motorcycle. He also stated that Ramesh Rai fled with

    motorcycle and was fled in the same direction in which the
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    accused persons were fled away and by that time Ranjeet Rai

    was lying on the road. He also affirmed that he made statement

    before police that Sukhrajo Devi was shouting to kill Ramesh

    Rai also. He denied the suggestion that he is deposing as the

    deceased Ranjeet Rai was his accomplish in heroine smuggling

    case. It was stated that while he was eating betel, no one was on

    the road. He denied that the witnesses are known to Ranjeet Rai

    being the person of same criminal profile.

    31. PW-7 is Brij Mohan Rai. He was the younger

    brother of the deceased Ranjeet Rai. He deposed that the

    occurrence is of 01.11.2011. It was around 4:45 P.M. He

    deposed that while he was going to rice mill by foot and reached

    Sarenja Mode, he saw that Ram Suresh Yadav, Ashok Yadav,

    Jitendra Yadav, Baliram Yadav, Umesh Yadav, Sukhrajo Devi,

    Sanjay Yadav, Hirdya Yadav, Ramashish Yadav and Bihari

    Yadav all equipped with rifle in their hand were standing. At the

    same time, Ramesh Rai (informant) was coming with his elder

    brother Ranjeet Rai (deceased) on motorcycle and when they

    reached near to Pakar tree, Ashok Yadav and Jitendra Yadav

    dragged Ranjeet Rai from motorcycle, whereafter Ram Suresh

    Rai fired one shot on his skull and, thereafter, Ashok Yadav and

    Jitendra Yadav each of them fired one bullet on his chest. He
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    deposed that Sukhrajo Devi, who was standing nearby, said the

    accused persons to kill Ramesh Rai also. He further deposed

    that after the occurrence Ramesh Rai fled away from there. He

    deposed that the alleged occurrence took place due to panchayat

    election. He stated that he identified the Ram Suresh Rai, Ashok

    Rai and other accused persons.

    31.1. Upon cross-examination, he disclosed that

    police had taken his statement and he never said to police that

    the time of occurrence was 5:00 P.M. and not 4:45 P.M. He

    deposed to saw that as he reached near Pakar tree Ashok Yadav

    and Jitendra Yadav took off, Ranjeet Rai from his motorcycle,

    whereafter Ram Suresh Yadav shot at his skull and thereafter

    Ashok and Jitendra shot at his chest and Sukhrajo Devi, who

    was present there, ordered the accused persons to kill Ramesh

    Rai (PW-3) also, thereafter Ramesh Rai fled away from the

    place of occurrence by taking his motorcycle. PW-7 further

    deposed that the distance between Sarenja Mode and Pakar tree

    is about 70 feets and accused persons were standing at Sarenja

    Mode. He deposed that he was the co-accused along with

    Surendra Kumar Jaiswal, Ranjit Rai, Uchhatanand Rai,

    Sachhitanand Rai, Ranglal Nonia, Umesh Chandra Rai, Manoj

    Rai in the case of smuggling of Heroine. He deposed that he had
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    met with Ramesh Rai at 5:00 P.M. and told him that he has seen

    the occurrence. He further stated that Sukhrajo Devi had

    defeated his Bhabhi namely, Shail Kumari Devi in panchayat

    election, against which they had filed appeal also. Lastly, he

    deposed that the occurrence took place due to election disputes.

    32. PW-8 is Shyambihari Rai. Who is the

    Investigating Officer of this case. He deposed that on

    01.11.2011, while posted as the Station House Officer of Rajpur

    Police Station, he took over the investigation of Rajpur P.S.

    Case No. 121 of 2016. Upon assuming charge, he first inspected

    the place of occurrence situated at Sarenja Bazaar on the

    northern side of the Buxar-Kochas main road. He stated that a

    large quantity of blood was found scattered at the place of

    occurrence and the surrounding soil was soaked with blood. He

    further described the topography of the place of occurrence by

    stating that the road at the relevant place runs from east to west

    and, at a distance of about 10 feet south from the place of

    occurrence on the road, the dead body of Chhathu Lal

    Chaurasia, resident of Sarenja, was lying.

    33. He further deposed that near the place of

    occurrence there was a Betel Shop and Pakad tree. He stated

    that Rajendra Thakur, resident of Sarenja, had a saloon there;
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    west of the saloon there is laundry and ironing shop of Suresh

    Dhobi; and in east there is partly constructed house of Siddhi

    Chauhan. He further stated that towards the north of the place of

    occurrence there is a hut-like tea and snacks shop of one

    Ramnath Kurmi, adjacent to which in the western side there was

    Paan stall of Madan Keshari, whereas to the east of Ramnath

    Kurmi’s tea stall there was the Paan stall of Madan Kasera.

    Adjacent of which another “Pakad tree” and a hut-like litti and

    fish shop belonging to Mukhtar Chauhan @ Sadhu is there. He

    stated that he prepared the sketch map of the place of

    occurrence.

    34. The witness further stated that he seized the blood-

    stained soil from the place of occurrence after preparing a

    proper seizure list. He recorded the re-statement of the

    informant and also recorded the statements of witnesses namely

    Shashibhushan Rai, Brijmohan Rai, Ranglal Chauhan, Shyam

    Bihari Rai, Umesh Rai and Sachchidanand Rai, all of whom

    supported the prosecution case during investigation. He further

    deposed that during the course of investigation, he found that

    accused Ram Suresh Yadav @ Langa Yadav had criminal

    antecedents involving five cases relating to murder and other

    offences. He obtained the post-mortem report and sent the
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    blood-stained soil to the Forensic Science Laboratory for

    examination.

    35. Upon completion of investigation, finding the

    occurrence to be true, he submitted charge-sheet against accused

    Sanjay Yadav, Bihari Yadav, Hridaya Yadav and Ramashish

    Yadav under Sections 302, 120-B/34 of the Indian Penal Code

    and Section 27 of the Arms Act, while accused Ram Suresh

    Yadav @ Langa Yadav, Ashok Yadav, Mukhiya Sukhrajo Devi

    and Jitendra Yadav by showing them absconders.

    36. The witness further proved the documentary

    exhibits. He stated that the fardbeyan of the informant was

    recorded by Shailendra Kumar Mandal, the then Sub-Inspector

    of Rajpur Police Station, and endorsement thereon was made in

    his handwriting and signature, which he identified. The

    fardbeyan along with endorsement was marked as Exhibit-3.

    He further deposed that the formal F.I.R. was in the handwriting

    of constable Arun Kumar Srivastava bearing his signature,

    which was marked as Exhibit-4. He also identified the inquest

    report prepared by the then Sub-Inspector Jagnarayan Singh

    Yadav in his handwriting and signature, which was marked as

    Exhibit-5. He further identified the seizure list relating to

    seizure of blood-stained soil prepared in the handwriting and
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    signature of Sub-Inspector Shubhnarayan Tiwari, bearing his

    own signature as well, which was marked as Exhibit-6.

    36.1. In his cross-examination, he stated that on

    01.11.2011 he was present at Rajpur Police Station, where he

    received the fardbeyan recorded by Shailendra Kumar Mandal.

    He admitted that among the witnesses named in the F.I.R.,

    namely Shashibhushan Rai, Umesh Rai, Achutanand Rai and

    Ranglal Chauhan, only Shashibhushan Rai had signed the

    fardbeyan and their signatures are indicative of the fact that the

    informant had given the statement in their presence. The witness

    further deposed that he recorded Station Diary Entry No. 1 on

    01.11.2011 and Diary Entry No. 2 on 02.11.2011. He stated that

    in paragraph 27 of the case diary he recorded the statement of

    Shashibhushan Rai and in paragraph 26 he again recorded the

    statement of Ramesh Rai. He further stated that investigation

    was initiated on the basis of the F.I.R. and the occurrence report.

    According to him, the inquest report was prepared in paragraph

    2 of the case diary and the same bear signatures of Ranglal

    Chauhan and Achutanand Rai. He further stated that the dead

    body was lying about 15-16 feet east of Sarenja Mod near a

    Pakad tree. He admitted that he had not explained the scale or

    meaning of “one foot” in the sketch map. He denied the
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    suggestion that the body was lying at a distance of 60-70 yards

    and reiterated that it was lying only 15-16 feet away. He further

    stated that though it was not mentioned in the F.I.R. that

    deceased and informant was coming on motorcycle, but same

    was subsequently mentioned during investigation. The witness

    deposed that after receiving the F.I.R., he inspected/visited the

    place of occurrence and thereafter left for the house of the

    informant at about 20:35 hours, reached there at about 23:35

    hours and left at about 23:55 hours after completing the writings

    of case diary on 01.11.2011. He further stated that on

    02.11.2011 he conducted raids at the houses of accused Ram

    Suresh Yadav, Ashok Yadav, Sukhrajon Devi and Baliram

    Yadav. Thereafter, he went to Atta village at about 2:10 A.M., to

    Ekhtar at about 3:41 A.M., and to Madhanian at about 4:15

    A.M., before returning to the police station. He again visited

    Sarenja village at about 7:10 A.M., inspected the place of

    occurrence, prepared the sketch map and also prepared the

    seizure list. He further admitted that after inspecting the place of

    occurrence he again recorded the statement of Ramesh Rai. He

    stated that in paragraph 2 of the case diary, the name of the

    assailant was not mentioned and that the information recorded

    therein was based on hearsay. He expressed inability to state
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    whether an F.I.R. could be instituted solely on the basis of

    hearsay information. The witness further stated that paragraphs

    1 and 2 of the case diary were written in his own handwriting.

    According to him, the fardbeyan was received at the police

    station at about 8:10 P.M., though the statement itself had been

    written at about 4:00 P.M. He admitted that no progress had

    taken place in the case between 8:00 P.M. and 10:10 P.M. He

    also admitted that the case diary did not mention whether any

    police personnel were present at the place of occurrence

    between 9:00 P.M. and 10:10 P.M. He further stated that

    paragraph 3 of the F.I.R. mentioned that the dead body was

    lying on the Buxar-Kochas main road near Sarenja Mode. The

    witness further stated that Ramnath Kurmi had merely stated

    before him that there was an election-related dispute between

    the parties. He also deposed that Shashibhushan Rai had stated

    in paragraph 27 of the case diary that he used to visit his Katra,

    situated about 100-150 yards east of the place of occurrence,

    almost every evening and sit there for some time, and that he

    had heard that such Katra belonged to Shashibhushan Rai. He

    further admitted that Shashibhushan Rai had not stated before

    him that Ashok and Jitendra came near to motorcycle, and Ram

    Suresh Yadav @ Langa Yadav fired at the deceased from behind
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    on his skull, or that Sanjay Yadav, Ramashish Yadav, Hridaya

    Yadav and Jitendra Yadav fled away under firing. He also

    admitted that Umesh Rai was not a named witness in the F.I.R.

    and that Umesh Rai had not stated in paragraph 34 of the case

    diary that Jitendra and Ashok had pulled his father from the

    motorcycle and shot him in the chest, nor that Raju had exhorted

    others by saying, “What are you waiting for, shoot him too.” He

    further admitted that the F.I.R. did not contain any statement of

    Ramesh Rai to the effect that while he was travelling on a

    motorcycle with his father, Ashok Yadav and Jitendra Yadav

    came there and made his father get down from the motorcycle

    while he himself was sitting on it. He further stated that he had

    recorded the statement of Nandlal Chauhan in paragraph 29 of

    the case diary. According to him, Nandlal Chauhan had not

    stated before him that Langa Yadav, Ashok and Jitendra had

    made the deceased dragged from the motorcycle, and Ram

    Suresh Yadav fired at the back of his head, that Jitendra and

    Ashok fired at his chest, or that when Ramesh Rai @ Pintu

    attempted to flee with the motorcycle, he was dragged from it

    and shot at. He further admitted that Nandlal Chauhan had not

    stated that after occurrence accused persons fled away with

    motorcycle while Sukhrajon Devi was exhorting them to kill
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    Ramesh Rai as well. The witness further deposed that

    paragraph 24 of the case diary related to inspection of the place

    of occurrence and that such inspection was conducted on the

    day following the occurrence. He stated that he did not find any

    sign of trampling upon the blood lying at the place of

    occurrence and that he had seized the blood-stained soil

    therefrom. He further stated that he did not know whether the

    deceased Ranjit Rai, Brijmohan Rai, Achutanand Rai and

    Ranglal Chauhan had ever been arrested in a heroin case at

    Rajpur Police Station. He also expressed ignorance as to

    whether the post-mortem examination of the deceased had been

    conducted on the orders of the District Magistrate. Lastly, he

    denied the suggestion that the place of occurrence as stated by

    him was incorrect.

    37. PW-9 is Brajkishore Singh, an Assistant Sub-

    Inspector of Police, deposed to produce station diary of Rajpur

    Police Station containing entries from 25.09.2011 to 26.11.2011,

    before the court. He stated that the station diary entry dated

    01.11.2011 recorded at 17.05 hours, lodged on the basis of

    rumour, which was in the handwriting of the then Station House

    Officer , Sub- Inspector V. Prasad, whose handwriting and

    signature was identified by him. The said station Diary entry
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    was marked as Exhibit 09.

    38. The witness further deposed that the police force

    had left the Police Station on the basis of information received

    through rumours communicated by some person. He also stated

    that the “Sanha entry” did not contain the name of any accused.

    Conclusion

    39. Having heard learned counsel appearing on behalf

    of the parties and upon perusal of evidence/material available on

    the record, it appears to us that the first and foremost issue

    which is required to be examined is whether PW-1, PW-2, PW-3

    (informant), PW-5, PW-6 and PW-7 are chance and independent

    witnesses to the occurrence or their presence at the place of

    occurrence is doubtful. It is also to be examined that whether

    their testimony to be discarded being interested witness to the

    occurrence as they are relatives or in inimical terms with the

    appellant/accused.

    40. In this context, it would be apposite to refer the

    testimony of PW-1 who categorically stated that PW-2 namely,

    Umesh Rai and PW-5 namely, Achyutanand Rai came at the

    place of occurrence after the occurrence i.e. after the alleged

    murder. In view of same, testimony of PW-2 and PW-5 claiming

    themselves as eye witnesses to the occurrence and claimed their
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    presence during the occurrence as a matter of chance at Sarenja

    Mode, which is the place of occurrence appears doubtful.

    41. Now, coming to the testimony of PW-1, it can be

    gathered safely that he also claimed as an eye witness of the

    occurrence and claimed their presence near to the place of

    occurrence as a matter of chance. It appears that he is the

    signatory of fardbeyan/FIR along with PW-3. In FIR, PW-3

    being informant of the case, nowhere mentioned that he was

    coming on motorcycle along with his deceased father, rather he

    stated that he was returning to his home from his Rice-Mill and

    as he came to Sarenja main road, he saw a gathering of 8-9

    persons equipped with fire-arm and appellant including two

    accused persons namely, Jitendra Yadav and Ashok Yadav fired

    on his father. It is also stated thereof that Baliram Yadav ordered

    to fire upon the informant (PW-3). Threat was also advanced by

    co-accused Sukhrajo Devi, who won the panchayat election,

    where family member of the informant namely, Shail Kumari

    Devi was defeated. It is also stated that litigation is pending

    between the parties prior to the occurrence, which was asked to

    withdraw by the appellant/accused and his family members.

    42. In the background of this statement of FIR, PW-1

    stated that he was taking tea at the Tea Stall and the informant
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    was coming along with his father on motorcycle. Without saying

    anything, first firing was made by this appellant/accused in air.

    He straightway stated that the appellant/accused fired upon

    Ranjeet Rai which hit on the backside of his skull, whereafter he

    fell to the ground immediately, whereafter Ashok Yadav and

    Jitendra Yadav fired one by one each on Ranjeet Rai. He also

    stated that Ashok Yadav and Jitendra Yadav bolted their rifles to

    fire upon PW-3 contrary to the statement made in FIR. This fact

    appears completely improved over the statement in FIR. He

    could not denied the statement of fardbeyan of PW-3 as he

    identified his signature over there. He also affirmed his

    statement given to police that he heard about 5-6 round of firing,

    when he was at the distance of about 100 yards from the place

    of occurrence. From the case of prosecution, it appears that it is

    a case where maximum of four firing was alleged to made. One

    firing by this appellant which was made in air, missed the target,

    second firing was made by this appellant only when the

    deceased came near to him, which hit to the back of his head

    and the third and fourth firing was made by the co-accused

    Ashok Yadav and Jitendra Yadav, one firing by each, which hit

    on the chest of the deceased. Thus, by taking note of his

    improved version contrary to the FIR and also that he was in
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    inimical terms with accused/appellant, his presence as chance

    witness appears doubtful at the place of occurrence.

    43. PW-3/informant for the first time, testified before

    the court that he was coming alongwith his father on the

    motorcycle. He stated that the appellant Langa Yadav bolted

    rifle to fire upon him, whereafter he fled away from the place of

    occurrence. This statement of PW-3 is an improved version as

    no such statement was made in the FIR. It also appears that

    immediately after the occurrence, he fled away from the place of

    occurrence and went to his home. An Attention was also drawn

    to him regarding his statement which is the basis of FIR, but he

    said that it was Ashok Yadav and Jitendra Yadav who pulled his

    father from the motorcycle. He was remained seated there and

    first firing could not hit his father and he was pulled from

    motorcycle before second firing, whereafter he had fled away.

    44. All such aforesaid contradictions were put to PW-8

    by defence, who is the Investigating Officer of this case, as to

    whether any such statements were made by PW-3, during

    investigation, which was denied and said that no such statement

    was made by him during investigation, which makes his

    credibility doubtful.

    45. It was vehemently argued by learned counsel
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    appearing for the informant that medical evidence appears in

    full corroboration with ocular evidence as one gunshot injury

    was found in the back of the head of the deceased and two

    gunshot injuries were found on the chest. PW-4 who is a doctor

    and conducted post-mortem upon deceased categorically stated

    that injury no. 2 is not the entry wound of bullet.

    46. In terms of clear cut deposition of PW-4, specific

    case of prosecution becomes doubtful as almost all prosecution

    witnesses including informant (PW-3) testified that co-accused

    Ashok Yadav and Jitendra Yadav each fired one bullet on the

    chest of his father when he fell to the ground after receiving first

    bullet injury in the back of his skull fired by appellant/accused.

    Obviously, this testimony also support that the firing was made

    from the very close range while the father of informant was

    lying on the ground. In such circumstances, the missing of bullet

    injury does not arise. Having all probability to hit the chest of

    the deceased, finding of only one gunshot injury makes a

    serious doubt qua prosecution case to the extent that the

    informant (PW-3) was the eye witness of the occurrence.

    47. PW-6 and PW-7 also testified their presence near to

    the place of occurrence as a matter of chance. Both of them

    claimed eye witness to the occurrence. He stated that at the time
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    of occurrence he was standing at the Betel shop near to the place

    of occurrence. He stated that this appellant along with Jitendra

    Yadav and Ashok Yadav stopped the motorcycle and dragged

    Ranjeet Rai from motorcycle. Sukhrajo Devi said to kill Ramesh

    Rai (PW-3). Whereafter, everyone started to fire

    indiscriminately upon PW-3 but he fled away. He is the witness

    of the inquest report also.

    48. In the aforesaid context, it would be apposite to

    reproduce para 13 of Punimati‘s case (supra), which reads as

    under:

    “13. It is a well-settled law that merely because the
    witness is an interested or related witness, his/her
    deposition cannot be discarded. Further, deposition of such
    witnesses is required to be scrutinized closely. As such, we
    have closely scrutinized the deposition given by PW-4,
    who is the mother of the deceased. As observed
    hereinabove, there are material contradictions in her
    deposition regarding the manner in which the incident
    took place and with regard to which the information about
    the incident was given by her granddaughter.”

    49. It would further be apposite to reproduce para 58

    of Kannaiya‘s case (supra), which reads as under:

    “58. In this regard, reference my be made to the decision
    of this Court in Pankaj v. State of Rajasthan [(2016) 16
    SCC 192], wherein it was emphasised that when the
    genesis and manner of the incident itself are doubtful,
    conviction cannot be sustained. The Court held as under: –

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    “25. It is a well-settled principle of law that when the
    genesis and the manner of the incident is doubtful, the
    accused cannot be convicted. Inasmuch as the
    prosecution has failed to establish the circumstances
    in which the appellant was alleged to have fired at the
    deceased, the entire story deserves to be rejected.

    When the evidence produced by the prosecution has
    neither quality nor credibility, it would be unsafe to
    rest conviction upon such evidence. After having
    considered the matter thoughtfully, we find that the
    evidence on record in the case is not sufficient to bring
    home the guilt of the appellant. In such circumstances,
    the appellant is entitled to the benefit of doubt.”

    (Emphasis Supplied)

    50. Admittedly, the occurrence took place on first day

    of Chhath Puja in a busy market place where witnesses claimed

    their presence as a matter of chance on Betel shop or Tea Stall,

    but they could not disclose the name of peoples present over

    their and as such appears failed to explain adequately their

    presence at place of occurrence.

    51. In this context, it would be apposite to reproduce

    para 26 of Rajendra Singh‘s case (supra), which reads as

    under

    26. This Court, in several decisions, while considering
    the evidentiary value of a chance witness, has held that
    the deposition of a chance witness whose presence at
    the place of incident is doubtful should be discarded,
    or at least be treated with great caution and close
    scrutiny. Such a chance witness must adequately
    Patna High Court CR. APP (DB) No.1196 of 2018 dt.08-07-2026
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    explain his presence at the place of incident, which has
    not been satisfactorily done in the instant case.

    52. In the present case, all the prosecution witnesses are

    either immediate family members or are in admitted inimical

    terms with the informant. The occurrence admittedly took place

    in the backdrop of Mukhiya Panchayat election. Therefore,

    possibility of false implication of accused cannot be ruled out

    outrightly. Further, the inconsistency regarding exact manner of

    occurrence, positioning of witnesses and the participation of

    accused qua crime in question was also overlooked by the

    learned trial court. In this context, it would be apposite to

    mention that allegation of firing appears to be general as per

    fardbeyan of the informant, but while deposing before the court,

    the informant raised specific allegation of firing against the

    accused/appellant. It also appears from the FIR that he arrived at

    the place of occurrence alone but to set a new theory while

    deposing before the court he added that he was coming towards

    the place of occurrence with his father, where the accused

    persons were assembled including the appellant, on motorcycle,

    where his deceased father was a pillion rider. These two major

    important improvements qua occurrence and involvement of

    appellant makes their testimony doubtful as much not “wholly

    reliable” being “interested witness”.

    Patna High Court CR. APP (DB) No.1196 of 2018 dt.08-07-2026
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    53. In this context, it would be apposite to reproduce

    para 32 & 33 of legal report of Hon’ble Supreme Court as

    available through Nand Lal v. State of Chhattisgarh reported

    in (2023) 10 SCC 470, which reads as under:

    32. Undisputedly, the present case rests on the evidence of
    interested witnesses. No doubt that two of them are injured
    witnesses. This Court, in Vadivelu Thevar v. State of Madras
    [Vadivelu Thevar v. State of Madras, 1957 SCC OnLine SC
    13 : 1957 SCR 981 : AIR 1957 SC 614] , has observed thus :

    (AIR p. 619, paras 11-12)
    “11. … Hence, in our opinion, it is a sound and well-

    established rule of law that the court is concerned with
    the quality and not with the quantity of the evidence
    necessary for proving or disproving a fact. Generally
    speaking, oral testimony in this context may be
    classified into three categories, namely:

    (1) Wholly reliable.

    (2) Wholly unreliable.

    (3) Neither wholly reliable nor wholly unreliable.

    12. In the first category of proof, the court should have
    no difficulty in coming to its conclusion either way — it
    may convict or may acquit on the testimony of a single
    witness, if it is found to be above reproach or suspicion
    of interestedness, incompetence or subornation. In the
    second category, the court equally has no difficulty in
    coming to its conclusion. It is in the third category of
    cases, that the court has to be circumspect and has to
    look for corroboration in material particulars by reliable
    testimony, direct or circumstantial.”

    33. It could thus be seen that in the category of “wholly
    reliable” witness, there is no difficulty for the prosecution to
    press for conviction on the basis of the testimony of such a
    witness. In case of “wholly unreliable” witness, again, there
    is no difficulty, inasmuch as no conviction could be made on
    the basis of oral testimony provided by a “wholly unreliable”

    witness. The real difficulty comes in case of the third
    category of evidence which is partly reliable and partly
    unreliable. In such cases, the court is required to be
    circumspect and separate the chaff from the grain, and seek
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    further corroboration from reliable testimony, direct or
    circumstantial.

    54. It would further be apposite to reproduce para 22 of

    the legal report of Hon’ble Apex Court as available through

    Khema alias Khem Chandra and Others Vs. State of Uttar

    Pradesh reported in (2023) 10 SCC 451, which reads as under:

    “22. We are conscious that on the ground of minor
    inconsistencies, the evidence of Inder (PW 2) cannot be
    brushed aside. However, it is to be noted that there are
    material improvements in his evidence. His evidence
    therefore is required to be scrutinised with greater caution
    and circumspection. It is further to be noted that even
    according to the prosecution, there is previous enmity
    between the accused and the deceased. As held by this Court
    in Ramashish Rai v. Jagdish Singh [Ramashish Rai v.
    Jagdish Singh, (2005) 10 SCC 498 : 2005 SCC (Cri) 1611] ,
    previous enmity is a double-edged sword. On one hand, it
    provides motive to the crime and on the other, there is a
    possibility of false implication.”

    55. This Court is conscious that the occurrence

    resulted in loss of human life and that criminal law must

    respond sensitively to such grave offences. Yet, the solemn duty

    of a constitutional court is to ensure that conviction rests on

    legal proof i.e. proof of guilt/charge beyond reasonable doubt

    and, therefore, the trajectory of charge as raised against

    appellant/accused starting from “may be true” must be rest on

    “must be true” as to secure the conviction and if any doubt

    surfaced during the trial, the benefit of doubt must be extended

    to the accused/appellant.

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    56. In the present case, despite occurrence took place

    at busy market place, non-examination of independent

    witnesses, rather of interested witness, non-explanation qua

    presence of these witnesses at the place of occurrence being

    chance witnesses, previous enmity arising out of local

    panchayat election collectively creates a doubt qua conviction

    of accused/appellant by the learned trial court as same appears

    not appreciated in view of settled legal propositions of Hon’ble

    Supreme Court, as discussed aforesaid.

    57. In view of the facts and circumstances, as discussed

    above, we arrived upon conclusion that conviction and sentence

    of the appellant-accused cannot be said to be sustainable in the

    eye of law.

    58. Accordingly, extending the benefit of doubt as the

    prosecution has failed to answer several important aspects

    during trial as to connect the appellant-accused with crime in

    question beyond reasonable doubts, hence, impugned judgment

    of conviction dated 29.08.2018 and order of sentence dated

    31.08.2018 passed by learned Additional District and Sessions

    Judge, VI, Buxar in connection with Sessions Trial No. 114 of

    2016 arising out of Rajpur P.S. Case No. 121 of 2011 is hereby

    set-aside.

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    59. The appellant, namely, Ram Suresh Yadav @ Langa

    Yadav is acquitted of the charges levelled against him by the

    learned trial court. He is directed to be released forthwith, if his

    presence is not required in any other case.

    60. The appeal stands allowed.

    61. Let a copy of this judgment alongwith the Trial

    Court Records be sent to the learned Trial Court forthwith.

    (Chandra Shekhar Jha, J.)

    Bibek Chaudhuri, J.:- I agree.

    Rajeev/-                                                              (Bibek Chaudhuri, J.)
    AFR/NAFR                         AFR
    CAV DATE                      07.05.2026
    Uploading Date                08.07.2026
    Transmission Date             08.07.2026
     



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