IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.370 of 2023 Arising Out of PS. Case No.-231 Year-2018 Thana- MAJHAULIA District- West Champaran ======================================================

‘X’

... ... Appellant Versus

1. The State of Bihar

2. SANJAY RAM S/O RAMJI RAM Resident of Village- Parsha Tola, P.S.-

Majhauliya, District- West Champaran.

3. VIJAY RAM S/O MOHAN RAM Resident of Village- Parsha Tola, P.S.-

Majhauliya, District- West Champaran.

4. SURANDRA RAM S/O MOHAN RAM Resident of Village- Parsha Tola, P.S.- Majhauliya, District- West Champaran.

... ... Respondents ======================================================

Appearance :

For the Appellant : Mr. N.K. Mishra, Advocate For the Respondent-State: Mr. Satya Narayan Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD and HONOURABLE MR. JUSTICE PRAVEEN KUMAR

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE PRAVEEN KUMAR)

Date : 19-02-2026 Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. The present appeal has been preferred for setting aside the judgment of acquittal dated 01.02.2023 (hereinafter referred to as the ‘impugned judgment’) passed by the learned District and Sessions, West Champaran, Bettiah, (hereinafter referred to as the ‘learned trial court’) in Sessions Trial No. 09 of 2020, arising out of Majhaulia P.S. Case No. 231 of 2018. By the impugned judgment under appeal, the accused-respondent nos. 2 to 4, who were facing trial for the charges under Sections 341, 323, 324, 307, 302 and 376/511 read with Section 34 of the Indian Penal Code (in short ‘IPC’) have been acquitted.

Prosecution Case

3. On the basis of the fard-beyan of the informant (PW-

1), who is being referred to as ‘X’, Majhaulia P.S. Case No. 231 of 2018 dated 11.06.2018, was registered at 12:35 PM, under Sections 341, 323, 324, 307, 376, 511 and 34 IPC against (1) Ajay Ram, (2) Sanjay Ram, (3) Ramji Ram, (4) Surendra Ram, (5) Vijay Ram (6) Mohan Ram, (7) Babunti Devi, (8) Pinki Devi, (9) Uma Devi and (10) Lalmuni Devi. In her written report the informant has alleged that on 10.06.2018, at 04:00 AM, while she had gone to attend the call of the nature, accused Ajay Ram, caught her with a view to outrage her modesty, however, somehow she could manage to save herself and ran to her house and told about the incident to her husband, father-in-law and other family members, whereupon, at about 05:00 AM, her husband and other family members went to the house of accused to ask about the incident, the accused had not come to his house. It is further alleged that at about 06:00 AM, when they saw Ajay Ram, her husband and father-in-law asked him as to why he had committed such act, upon which accused Ajay Ram and the aforementioned accused persons became furious and started assaulting them. It is alleged that accused Sanjay Ram (appellant No.1) and Ramji Ram caught hold of her husband and accused Ajay Ram inflicted a farsa blow on the head of her husband, as a result of which he sustained injuries on his head and he fell down and became unconscious. The other accused persons assaulted the father-in-law and the brother-in-law of the informant by lathi, fatta, tenguli and farsa causing injuries to them. Thereafter, the husband of the informant was brought to Majhaulia hospital in unconscious state, from there the Doctor referred to Bettiah. As the husband of the informant did not become conscious at M.J.K. Hospital, Bettiah, in the evening, he was referred to Patna, where he was getting treatment. 4. It appears from the record that as the husband of the informant died during treatment at Patna, Section 302 IPC was added.

5. On completion of the investigation, the police submitted the charge-sheet on 27.09.2018 against four accused persons, namely, Ajay Ram, Sanjay Ram, Vijay Ram and Surendra Ram for the offences punishable under Sections 341, 323, 324, 307, 376/511 and 302/34 IPC. Vide or