IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (DB) No.331 of 2018 Arising Out of PS. Case No.-240 Year-2010 Thana- SHIVSAGAR District- Rohtas ======================================================

Rahul Kumar S/o Shreeveer Singh, R/o Village- Goyala, P.s.- Shahpur, District- Muzaffarpur Nagar U.P..

... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate Mrs. Sushmita Mishra, Advocate Mrs. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Respondent/s : Ms. Shashi Bala Verma, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI and HONOURABLE MR. JUSTICE DR. ANSHUMAN

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI)

Date : 18-02-2026 The appellant was a Constable of Central Reserve Police Force (CRPF). In connection with Sessions Trial No. 381 of 2011, arising out of Shivsagar P.S. Case No. 240 of 2010, he was convicted by the learned Additional Sessions Judge, Fast Track Court No.-2, under Section 235 (2) of the Code of Criminal Procedure, 1873 for committing offence under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life.

2. The aforesaid judgment of conviction and sentence is under challenge in the instant Shivsagar P.S. Case No. 240 of 2010 was registered on the basis of a written complaint submitted by one Ram Lal, Inspector of C.R.P.F. of F/198 Company, stationed at Vishakhapatnam in the State of Andhra Pradesh. The informant along with other officers and force, attached to the said Company of CRPF, came to Raipur Chaur on 7^th of October, 2010 for performing Bihar Assembly Election duty. They were temporarily staying in Scheduled Caste and Scheduled Tribe Hostel at Raipur Chaur. On 8th of October, 2010, the informant and Company Commander, Rohit Raj Diwana were sleeping in the two separate beds in Room No. 7 of the said hostel. One Sub-Inspector, R. N. Pandey and Sub-Inspector, Hussain Ali were sleeping in the most southern side room of the hostel. From 04.00 a.m. to 06.00 a.m., on 9th of October, 2010, one Mritunjay Khan and the appellant Rahul Kumar were performing Sentry Duty on the northern side and southern side of the roof, respectively. One Anil Sharma was on duty at the main gate of the said hostel and one Mansa Khanaut was performing duty in front of the "Kote" (Armory Room) from 04.00 a.m. to 06.00 a.m. Suddenly, at about 05.15 a.m., the informant heard sound of repeated firings; he immediately woke up and saw that Constable No. 75266121, Rahul Kumar, being armed with one AK-47 rifle, was fleeing from his room. He also saw that inspector, Rohit Raj Diwana received injury on his person by indiscriminate firing and lying dead in pool of blood in his bed. At that time, he again heard sound of repeated firing. He came out of his room and saw Constable, Rahul Kumar was running towards the roof with AK-47 rifle in his hand. Hearing sounds of firing, other officers and Jawans of CRPF woke up and proceeded towards southern side of the said hostel. They also found Sub- Inspector, R. N. Pandey lying dead in pool of blood, being assaulted by several gun-shot injuries. The Sub-Inspector, Ali Hussain, who was sleeping in the said room with Sub-Inspector, R. N. Pandey told the informant and others that the appellant fired at R. N. Pandey with the help of AK-47 rifle and fled away on the roof. One Hawaldar, Anil Sharma was taking bath under the tube- well in front of the hostel. Suddenly, he was hit by a bullet, causing abrasion on his head. The informant also learnt that when Rahul Kumar was proceeding towards the roof after committing murder of R. N. Pandey, he fell down and received injury on his head. The informant informed the matter to his superior officers. The superior officers came to the spot. Thereafter, Hawaldar, Babu Ram Singh, Birendra Singh, Bhopen Gogoi and others manag