The requirement of corroborative eyewitness testimonies to establish guilt beyond reasonable doubt in criminal convictions.

(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)

Date : 05-02-2026 Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. This appeal has been preferred for setting aside the judgment of conviction dated 24.11.2022 (hereinafter referred to as the ‘impugned judgment’) and order of sentence dated 06.12.2022 (hereinafter referred to as the ‘impugned order’) passed by learned Additional District and Sessions Judge-III, Sheikhpura (hereinafter referred to as the ‘learned trial court’) in Session Case No. 20 of 2015/ Trial No. 64 of 2022 arising out of Sheikhpura P.S. Case No. 362 of 2011. By the impugned judgment, the appellant has been convicted for the offences punishable under Sections 302 /34, 307/34 of the Indian Penal Code (in short ‘IPC’) and Section 27 of the Arms Act and by the impugned order, he has been ordered to undergo rigorous life imprisonment with a fine of Rs. 10,000/- for the offence under Section 302 /34 IPC and in default of payment of fine, he shall further undergo simple imprisonment for six months. He has also been ordered to undergo rigorous imprisonment for 10 years with a fine of Rs.5,000/- under Section 307 /34 IPC and in default of payment of fine, he shall further undergo six months imprisonment. Further, under Section 27 of the Arms Act , he has been ordered to undergo three years rigorous imprisonment with a fine of Rs.5,000/- and in default of payment of fine, he shall further undergo three months imprisonment. All the sentences are to run concurrently.

Prosecution Case

3. The prosecution case is based on the fardbeyan of Santosh Kumar (PW-8) recorded by S.I. Ashok Kumar Yadav, SHO, Sheikhpura on 22.11.2011 at 17:00 Hours at Jamalpur Bigha. The informant (PW-8) in his fardbeyan has stated that he is the owner and partner of a shop known as ‘Patna Tent House’ situated at Jamalpur- Bigha. On 22.11.2011 at about 4:00 P.M., as usual while he was sitting in his shop and was taking out articles of tent-house, he saw Guddu Miyan @ Haidar Ali (the appellant) and Nandan Yadav @ Nandan Sindhaniya who were quarrelling with Amit Kumar near his shop. In the meantime, his brother Dharmendra Kumar was returning from the market and, on seeing the quarrel, tried to pacify them.

Thereupon, accused Guddu Miyan took out a country-made pistol and fired upon Dharmendra Kumar and also fired upon Amit Kumar as a result of which they fell there. On seeing the occurrence, the informant and others rushed to the place of occurrence, whereafter Guddu Miyan and his two friends fled away towards the western direction. When the informant reached the place of occurrence and tried to lift his brother Dharmendra Kumar, he found him dead and Amit Kumar was lying injured. With the help of other individuals, Amit Kumar was taken to the hospital for treatment. The informant further stated that his uncle Bhagwan Prasad witnessed the entire incident along with other persons.

4. On the basis of the fardbeyan, Sheikhpura P.S. Case No.

362 of 2011 dated 22.11.2011 was registered under Sections 302 /307/34 IPC and Section 27 of the Arms Act against this appellant and two unknown acused. After investigation, police submitted chargesheet bearing Chargesheet No. 88 of 2012 dated 20.04.2012 under Sections 302 , 307, 34 IPC and Section 27 of the Arms Act against this appellant keeping the investigation pending against others. Later on another charge-sheet bearing No. 478 of 2012