1. Conviction for murder under Section 302 read with 149 IPC — Appeal against conviction dismissed. (Para 1 , 3 , 4 )
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PATNA HIGH COURT
Mohit Kumar Shah, Shailendra Singh, JJ
Dinesh Das – Appellant
Versus
The State of Bihar – Respondent
CR. APP (DB)-555/2016
1. Conviction for murder under Section 302 read with 149 IPC — Appeal against conviction dismissed. (Para 1 , 3 , 4 )
2. Appellants challenged conviction citing non-examination of Investigating Officer, lack of blood-stained articles, and unexplained injuries on accused. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 )
3. Appeals dismissed; conviction and sentence of life imprisonment under Section 302/149 IPC affirmed. (Para 39 , 40 )
No, non-examination is not fatal when eye-witness evidence is credible and no prejudice is shown to the accused. (Para 36 )
No, non-seizure is of no consequence when there is overwhelming eye-witness testimony and medical corroboration. (Para 36 )
Yes, their testimony is not to be viewed with suspicion and can be relied upon if they provide a convincing explanation for their presence. (Para 37 )
Yes, under Section 149 IPC, every member of an unlawful assembly is guilty of the offence committed in prosecution of the common object, irrespective of actual participation. (Para 34 , 35 )
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
Date: 12-11-2025
The aforesaid appeals preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.”) arise out of the same judgment of conviction and order of sentence dated 13.05.2016 and 16.05.2016 respectively, hence the aforesaid appeals have been heard together and are being disposed off by the present common judgment. By the said judgment of conviction dated 13.05.2016, passed by the learned Additional Sessions Judge-V, Vaishali at Hajipur (hereinafter referred to as “the Ld. Trial Judge”) in Sessions Trial No. 348 of 1998 (arising out of Mahua P.S. Case No. 86 of 1996), the appellants have been convicted under Sections 302/149 of the Indian Penal Code (hereinafter referred to as the ‘IPC’) and have been sentenced to undergo rigorous imprisonment for life with fine of Rs. 25,000/- each and in default thereof they have been directed to undergo further simple imprisonment for four months. All the sentences have been directed to run concurrently.
2. At the outset it may be pointed out that as far as Devendra Sah (one of the appellant of the first case, i.e. Criminal Appeal (DB) No.555 of 2016) is concerned, a co-ordinate Bench of this Court, in its order dated 09.02.2018, has noted the fact that the Juvenile Justice Board vide letter no. 538 dated 31.7.2017 has sent a report mentioning therein that the said Devendra Sah was juvenile at the time of the alleged occurrence and accordingly, he has been declared juvenile. In such view of the matter, the said co-ordinate Bench of this Court, by the aforementioned order dated 09.02.2018 has been pleased to set aside the sentence awarded to the said Devendra Sah vide judgment dated 16.5.2016 in Sessions trial no. 348/1998, has granted bail to him and the Office of this court has been directed to separate the case of the said Devendra Sah from this record as well as from lower court record and send the same to Juvenile Justice Board, Vaishali at Hajipur within two weeks for passing order on the point of sentence qua the said Devendra Sah, with a direction to the said Devendra Sah to appear before the Juvenile Justice Board, Vaishali at Hajipur within a fortnight from today.
3. The short facts of the case are that the fardbeyan of the informant Surendra Singh was recorded by the Assistant Sub- Inspector of Police, Pirbahore Police Station, District-Patna, namely, Sri R.P. Singh on 05.05.1996 at 09:45 a.m. at the PMCH, Emergency Ward, Patna. In the fardbeyan, Surendra Singh (who later on died in the month of August, 2008), has stated that his nephew, namely Ajay Kumar Singh (deceased) aged about 20 years used to study in R.N. College, Hajipur in the final year of B.A. course. He has further stated that his niece Pratima Kumari (PW-7) used to study at Vaishali Vidyalaya, Mahua in class-10 and used to go to village Mahua Singrai for taking tuition from Jha Ji sir. The informant has next stated that on the previous day at about 05:30 in the evening the Chaukihdar of the police station informed that the nephew of the informant, namely Ajay Kumar Singh is admitted in Mahua Government Hospital where he is lying unconscious and has received injuries on his forehead and body. Immediately, the niece of the informant Pratima Kumari informed the informant that when she was returning from Mahua Singrai after having taken tuition and had reached at the tea shop of Yogendra Das, there in front of the shop, Binod Das and Yogendra Das had engaged in eve teasing with her, whereafter she had returned home and disclosed about the same to Ajay Kumar Singh, whereupon Ajay Kumar Singh, for making enquiry from Binod Das and Yogendra Das, had gone to the shop of Yogendra Das, where Mahendra Das, Yogendra Das, Ram Briksh Das and Binod Das had assaulted Ajay Kumar Singh on his forehead by a sharp weapon as also by rod and lathi. Upon receiving information police had arrived there and taken Ajay Kr. Singh
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