Sikander Das vs The State Of Bihar on 10 March, 2026

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    Patna High Court

    Sikander Das vs The State Of Bihar on 10 March, 2026

    Author: Purnendu Singh

    Bench: Purnendu Singh

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL APPEAL (SJ) No.233 of 2014
         Arising Out of PS. Case No.-259 Year-1999 Thana- AMARPUR District- Banka
    ======================================================
    Sikander Das S/o Late Musahru Das Resident of Village Kaushalpur, P.S.
    
    Amarpur, District Banka.
    
    
                                                                    ... ... Appellant/s
                                         Versus
    The State Of Bihar
    
                                              ... ... Respondent/s
    ======================================================
    Appearance :
    
    For the Appellant/s    :        Mr. Sanjay Kumar Jha, Advocate
    
                                    Mr. Kumar Kamal Nayan, Advocate
    
    For the Respondent/s   :        Mr. Abhay Kumar, APP
    
    ======================================================
    CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                        ORAL JUDGMENT

    Date : 10-03-2026
    Heard Mr. Sanjay Kumar Jha, along with Mr.

    Kumar Kamal Nayan, learned counsels appearing on behalf of

    SPONSORED

    the Appellant and Mr. Abhay Kumar, learned APP for the State.

    2. The present appeal has been filed under Sections

    374 (2) and 389(1) of the Code of Criminal Procedure

    challenging the judgment of conviction and order of sentence

    dated 22.04.2014 passed by the learned First Additional

    Sessions Judge, Banka arising out of Amarpur P.S. Case No. 259

    of 1999 whereby and whereunder the sole accused has been

    convicted for the offence punishable under Section 324 of the

    Indian Penal Code and has been sentenced to undergo Simple
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    Imprisonment for three years.

    3. Being aggrieved by and dissatisfied with the

    aforesaid judgment of conviction and order of sentence, the

    appellant has preferred the present appeal before this Court. The

    appellant has assailed the impugned judgment primarily on the

    ground that the learned trial court failed to appreciate the

    evidence available on record in its proper perspective and has

    wrongly recorded the conviction of the appellant despite the

    existence of serious contradictions and deficiencies in the

    prosecution case.

    4. That the prosecution story, in brief, is that on the

    written complaint of the informant, namely Prakash Das, stating

    therein that four days prior to the occurrence, accused Sikandar

    Das came to the house of the informant and demanded money

    from the father of the informant for purchasing liquor, and when

    the money was not paid, Sikandar Das threatened him with dire

    consequences. On 05.02.1999 some altercation took place

    between the wife of the informant, namely Radha Devi, and

    Sikandar Das with regard to the purchase of “souda”, as the wife

    of the informant runs a general store shop. When the informant

    objected to the same, Sikandar Das and Narayan Das abused

    him and assaulted him, and thereafter Sikandar Das gave a blow
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    with an axe on the head of the informant, causing injuries to

    him. Thereafter, both the accused persons fled away from the

    place of occurrence.

    5. After investigation, learned Chief Judicial

    Magistrate, Banka took cognizance of the offence and by order

    dated 05.04.2006 the learned Chief Judicial Magistrate, Banka

    committed the case to the Court of Sessions and the learned

    Trial Court framed charges against the appellant under Sections

    307, 323, 341 of the Indian Penal Code. The learned Trial Court

    convicted the appellant by the judgment dated 22.04.2014.

    6. Learned counsel appearing on behalf of the

    appellants submitted that the impugned judgment of conviction

    and order of sentence passed by the learned Trial Court is

    unsustainable in the eye of law, as the same is based on

    inconsistent and unreliable evidence. It is contended that there

    are material contradictions between the ocular testimony of the

    prosecution witnesses and the medical evidence on record.

    Learned counsel draws the attention of this Court to paragraph 6

    of the testimony of P.W.1, wherein he has stated that the

    informant sustained injury by the sharp edge of an axe. In

    paragraph 8 of his deposition, the witness stated that the assault

    was made twice with the sharp edge of the axe, and in paragraph
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    9 of the cross-examination he further stated that on both

    occasions the entire sharp edge of the axe struck the head of the

    informant. However, the injury report shows that both the

    injuries found on the person of the informant were lacerated

    wounds. P.W.6, Dr. Sirv Narayan Kanth, who examined the

    injured, has also stated that both the injuries were caused by a

    hard and blunt substance. It is therefore submitted that the

    medical evidence is inconsistent with the ocular testimony of

    P.W.1, as an injury caused by the sharp edge of an axe would

    ordinarily result in an incised wound and not a lacerated wound.

    7. Learned counsel further submitted that in

    paragraph 10 of his deposition P.W.1 has stated that after the

    informant fell down, no one assaulted him with a lathi. In

    paragraph 11 of the cross-examination, the witness has stated

    that prior to the alleged assault there was “dhakka-mukki”

    (scuffle) and that blood had fallen on the ground, however, the

    Investigating Officer has not been examined in the present case.

    Learned counsel has also referred to paragraph 12 of the

    testimony of P.W.1, wherein the witness stated that when the

    informant was being taken to the hospital there was hulla

    (commotion), and upon hearing the same he and his wife

    reached the place of occurrence. In paragraph 14 of the cross-
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    examination, the witness denied the suggestion that he had not

    stated before the police about the occurrence of dhakka-mukki.

    However, in the absence of the examination of the Investigating

    Officer, the defence has been deprived of the opportunity to

    confront the witness with his previous statement recorded

    during investigation, and therefore the benefit of such omission

    ought to go in favour of the appellants.

    ARGUMENT ON BEHALF OF THE STATE

    8. Per contra, learned APP appearing for the State

    while opposing the appeal submitted that the learned District

    court, after considering all the evidences on record and exhibits

    submitted on behalf of the parties during the course of trial, has

    rightly convicted the appellants for said offences as the offences

    alleged against the appellants appears to be serious in nature and

    also constitutes cognizable offence.

    ANALYSIS AND CONCLUSION

    9. Heard the parties.

    10. I have perused the lower court records and

    proceedings and also taken note of the arguments canvassed by

    learned counsel appearing on behalf of the parties.

    11. The learned trial court, on the basis of materials as

    collected during the course of investigation, passed the

    Judgment of Conviction dated 22.04.2014 for the offences under
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    Section 324 of the IPC.

    12. During the trial, the prosecution has examined

    altogether seven witnesses, namely:

    (i) (P.W.-1),- Bhagirath Das

    (ii) (P.W.-2),- Prakash Das/Informant

    (iii) (P.W.-3),- Ashok Yadav

    (iv) (P.W.-4/ ,- Ramchee Das

    (v) (P.W.-5),- Shiro Das

    (vi) (P.W.-6),- Dr. Shiv Narayan Kanth

    (vii) (P.W.-7),- Dr. Chandramouli Upadhaya.

    13. The prosecution has also relied upon following

    documents exhibited during the course of trial:-

    (i) Signature of the informant on the written

    application.(Exhibit-1),

    (ii) Injury report of the informant (Exhibit-2),

    (iii) Photo copy of the supplementary injury report

    of the informant (Exhibit-2/1),

    (iv) Identification of the photo copy of discharge

    ticket of the informant (Exhibit-x)

    (v) Identification of the photo copy of C.T. Scan

    Report of the informant (Exhibit-x/1)
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    14. On the basis of materials surfaced during the trial,

    the appellant/accused was examined under Section 313 of the

    Cr.PC by putting incriminating circumstances/evidences

    surfaced against him, which he denied and shows his complete

    innocence.

    15. It would be apposite to discuss the

    oral/documentary evidences as available on record to re-

    appreciate the evidences for just and proper disposal of the

    present appeal.

    16. It would be appropriate to reproduce the

    provisions of Section 324 of the IPC for the sake of convenience

    and better understanding of the facts, which are as under:

    “324. Voluntarily causing hurt by
    dangerous weapons or means.–

    Whoever, except in the case provided for by
    section 334, voluntarily causes hurt by means of
    any instrument for shooting, stabbing or cutting,
    or any instrument which, used as weapon of
    offence, is likely to cause death, or by means of
    fire or any heated substance, or by means of any
    poison or any corrosive substance, or by means
    of any explosive substance or by means of any
    substance which it is deleterious to the human
    body to inhale, to swallow, or to receive into the
    blood, or by means of any animal, shall be
    punished with imprisonment of either description
    for a term which may extend to three years, or
    with fine, or with both.”

    17. Based on the analysis of the evidences and the

    facts and law, in the present case, it appears that several

    prosecution witnesses have not supported the prosecution case
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    and have been declared hostile. The medical evidence also does

    not support the prosecution case as the doctor PW 6 did not find

    any injury on the informant caused by hard and blunt substance.

    18. Upon a careful re-appraisal of the evidence

    available on record, I find that the medical evidence tendered by

    PW-6, the Medical Officer, assumes considerable significance.

    PW-6 has categorically stated in the medical report as well as

    during deposition that he did not find any injury on the body of

    the informant. The evidence of PW-6, therefore, does not lend

    corroboration to the prosecution case creating a serious doubt

    about the occurrence.

    19. It is well settled that the Court is required to

    examine the prosecutrix’s testimony with greater caution. The

    inconsistencies between the ocular and medical evidence create

    uncertainty which goes to the root of the prosecution case. In

    Sadashiv Ramrao Hadbe v. State of Maharashtra, reported in

    (2006) 10 SCC 92, the Hon’ble Supreme Court held that when

    the version of the prosecutrix is not of sterling quality and is

    inconsistent with the medical evidence, and when the

    surrounding circumstances render the prosecution story

    doubtful, the accused is entitled to the benefit of doubt. The

    Court further held that conviction cannot be sustained where the
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    prosecution has failed to prove its case beyond reasonable

    doubt.

    20. Applying the aforesaid legal principles to the

    facts and the evidences of the present case, in light of the

    conflicting versions of the prosecutrix, from what was stated in

    the FIR and what was deposed before Court, results in material

    inconsistencies and cannot be relied upon. The unequivocal

    medical evidence of PW-6 indicating absence of injuries on the

    body of the informant caused by hard and blunt substance, also

    don’t corroborate with the versions of the prosecutrix, I am of

    the view that the prosecution has miserably failed to establish

    the charge beyond reasonable doubt. Consequently, the

    appellant is entitled to the benefit of doubt and the conviction of

    the appellant cannot be sustained.

    21. In view of aforesaid discussions of factual and

    legal aspects, the present appeal is allowed.

    22. The impugned judgment of conviction and

    order of sentence dated 22.04.2014 passed by the learned First

    Additional Sessions Judge, Banka arising out of Amarpur P.S.

    Case No. 259 of 1999 is hereby set aside. Consequently, the

    above-named appellant/accused is acquitted from all the charges

    levelled against him. Since the appellant is on bail, as such, he is
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    discharged from the liability of his bail bond. The fine deposited

    by the appellant, if any, shall be refunded to him.

    (Purnendu Singh, J)
    Ashishsingh/-

    AFR/NAFR                NAFR
    CAV DATE                NA
    Uploading Date          16.03.2026
    Transmission Date       16.03.2026
     



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