IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4140 of 2018 Arising Out of PS. Case No.-160 Year-1995 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1. Ram Bilash Thakur, Son of Late Ram Sewak Thakur 2. Ashok Thakur, Son of Late Ram Sewak Thakur 3. Shrawan Thakur, Son of Sri Chandra Thakur 4. Shiv Nath Thakur, Son of Ram Bilash Thakur All Resident of Village- Kewta, Police Station-Dalsingsarai, District-Samastipur ... ... Appellant/s Versus The State Of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellants : Mr. Anil Singh, Advocate Mr. Tarun Kumar, Advocate For the State : Mr. Zeyaul Hoda, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 22-07-2026 Heard learned counsel for the appellants and learned A.P.P. for the State. 2. At the outset, learned counsel for the appellants submits that during pendency of this appeal, Appellant No. 1, namely Ram Bilash Thakur, has died and as such, this appeal has become infructuous with respect to Appellant No. 1. 3. Accordingly, this appeal stands abated with respect to Appellant No. 1. 4. Now this appeal survives only with respect to Appellant Nos. 2, 3 and 4. 5. This appeal has been filed challenging the Patna High Court CR. APP (SJ) No.4140 of 2018 dt.22-07-2026 2/5 judgment of conviction and order of sentence dated 11.09.2018 passed in Trial No. 117 of 2015/G.T. No. 531 of 1995 arising out of Dalsinghsarai P.S. Case No. 160 of 1995 whereby Appellant Nos. 2, 3 and 4 have been convicted under Sections 447 and 323 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for three months and pay a fine of Rs. 500/- under Section 447 of the Indian Penal Code and in case of default of payment of fine, to further undergo rigorous imprisonment for one month and have been sentenced to undergo rigorous imprisonment for one year and pay a fine of Rs. 500/- under Section 323 of the Indian Penal Code and in case of default of payment of fine, to further undergo rigorous imprisonment for one month. All the sentences have been directed to run concurrently. 6. The prosecution case, in brief, is that on 14.11.1995 at about 2 PM, when the informant, along with her daughters-in-law, was sitting in the courtyard, in the meantime, all the F.I.R. named accused persons, including these appellants, armed with lathi and khanti, came there and demanded to compromise in the earlier land dispute case. Upon refusal, co- accused Ram Bilash Thakur ordered the co-accused to assault the informant and her family members and demolish the house. Patna High Court CR. APP (SJ) No.4140 of 2018 dt.22-07-2026 3/5 Thereafter, all the accused persons, including these appellants, assaulted informant and her family members with lathi and khanti and looted household articles. 7. In this case, in order to bring home guilt of the accused, the prosecution has examined altogether six witnesses. P.W. 1, namely Sabo Devi; P.W. 3, namely Meena Devi and P.W. 4, namely Geeta Devi, are daughters-in-law of the informant and are injured witness who has supported the prosecution case. P.W. 2, namely Ram Kailash Mahto, is a formal witness. P.W. 5, namely Chinta Devi, is informant of the present case, an injured witness and has supported the prosecution case. P.W. 6, namely Dr. Yogendra Mahto, is doctor who examined the injured. The prosecution has also adduced documentary evidences, which are marked as:- Exhibit 1 Injury report of Meena Devi. Exhibit 1/1 Injury report of Geeta Devi. Exhibit 1/2 Injury report of Sabo Devi. Exhibit 1/3 Injury report of Chinta Devi. Exhibit 2 Fard beyan of the informant Chinta Devi. Exhibit 3 Certified copy of order dated 12.06.1996 passed in Mutation Case No. 3 of 1996-97 8. On the other hand, the defence has not produced any oral evidence but have adduced the following documents:- Exhibit A Certified copy of Dalsingsarai P.S. Case No. 159 of 1995 Patna High Court CR. APP (SJ) No.4140 of 2018 dt.22-07-2026 4/5 Exhibit B Certified copy of sale deed dated 16.03.1995 Exhibit C and C/1 Certified copy of injury report of Ram Bilash Thakur Exhibit C/2 Injury report of Sahdeo Thakur Exhibit C/3 Injury report of Shiv Nath Thakur Exhibit D C.S. Khatiyan in the name of Chandrika Thakur 9. After hearing the parties, the learned trial court convicted these appellants and sentenced them, as indicated in the opening paragraph of this order. 10. On going through the rival submissions, evidences and upon perusal of the records, this Court finds that in this case, the Investigating Officer has not been examined, which has caused great prejudice to the defence as the defence could not get opportunity to explain the material discrepancies and contradict the witnesses. Evidence also reveals admitted prior enmity and land dispute between the parties, thereby rendering possibility of false implication. There is a counter- version of the present F.I.R. which was lodged earlier in point of time being Dalsingsarai P.S. Case No. 159 of 1995 which was lodged against informant and others. Moreover, all the witnesses are highly interested witnesses and no independent witness has been examined on behalf of the prosecution. Thus, it is evident that the prosecution has failed to prove the guilt of these appellants beyond reasonable doubt and thus, the Patna High Court CR. APP (SJ) No.4140 of 2018 dt.22-07-2026 5/5 appellants are entitled to be given the benefit of doubt. 11. For the aforenoted discrepancy and infirmity, the impugned judgment of conviction and the order of sentence dated 11.09.2018 passed by the learned Presiding Officer, Fast Track Court 1st, Samastipur in Trial No. 117 of 2015/G.R. No. 531 of 1995 arising out of Dalsingsarai P.S. Case No. 160 of 1995 are hereby set aside with respect to Appellant Nos. 2, 3 and 4, above named. 12. In that view of the matter, Appellant Nos. 2, 3 and 4, above named, are discharged from the liability of their bail bonds in connection with this case. 13. Accordingly, this appeal stands disposed of. 14. Interlocutory application/s, if any, also stands disposed off. shashank/- (Prabhat Kumar Singh, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 28.07.2026 Transmission Date 28.07.2026