Court Highlights Material Contradictions, Hostile Witnesses, Unexplained Injuries, and Lack of Medical Evidence in Setting Aside Conviction Under Sections 304/34 and 323/34 IPC
In a significant judgment delivered on October 15, 2026, the Patna High Court acquitted Karpuri Thakur and Balkeshari Devi, who were earlier convicted by the Additional Sessions Judge-III, Muzaffarpur, for alleged involvement in the homicidal death of Dinesh Thakur. The appellants were convicted under Sections 304/34 (culpable homicide not amounting to murder) and 323/34 (voluntarily causing hurt) of the Indian Penal Code and sentenced to rigorous imprisonment. However, the High Court, upon reappreciation of the entire evidence, found the prosecution's case fraught with material contradictions and inconsistencies, warranting acquittal.
The case originated from an incident on July 16, 2013, around 10:30 PM, involving an altercation over a proposed marriage, leading to a violent assault near the informant's residence. The prosecution alleged that the appellants, along with others, attacked Dinesh Thakur and others with weapons like lathi and rods, resulting in fatal injuries to Dinesh Thakur.
Upon appeal, the court meticulously analyzed the prosecution evidence comprising testimonies of eleven witnesses, including injured eyewitnesses and the investigating officer. Several prosecution witnesses turned hostile, failing to support the prosecution's narrative consistently. The informant himself admitted to not witnessing the deceased at the place of occurrence but only at the hospital, and stated that the incident occurred in darkness without any clear source of light, raising questions about the reliability of identification of assailants.
Further, the court noted the existence of a counter-case registered by the appellants against the prosecution witnesses for the same incident, along with admitted injuries on the accused side, none of which were satisfactorily explained by the prosecution. Notably, the prosecution failed to produce any medical injury reports for either side, a critical omission that cast doubt on the prosecution's complete and truthful version of events.
The High Court relied on precedents including the Supreme Court's rulings in Parshuram v. State of M.P. (2024), Anand Ramchandra Chougule v. Sidarai Laxman Chougala (2019), and others, emphasizing that prosecution must prove guilt beyond reasonable doubt and cannot rely on the weakness of the defense or mere suspicion. The judgment underscored that while the death of the victim was established through medical evidence, the prosecution failed to establish the appellants' participation or common intention in the fatal assault.
The court observed that Section 34 IPC requires proof of participation and common intention by each accused, which was lacking due to inconsistent and contradictory evidence. The benefit of doubt was accordingly extended to the appellants, leading to the setting aside of their convictions and sentences. They were discharged from all liabilities relating to their bail bonds.
This judgment reinforces the fundamental criminal jurisprudence principle that the burden of proof lies strictly on the prosecution and that reasonable doubt must favor the accused, ensuring that no person is deprived of liberty without a fair and just legal process.
Bottom Line:
Murder/culpable homicide trial - Conviction under Sections 304/34 and 323/34 IPC set aside - Where prosecution evidence suffers from material contradictions regarding place and manner of occurrence, informant does not clearly support assault on deceased, several witnesses turn hostile, occurrence took place in darkness without clear source of light, counter-case and injuries on accused side remain unexplained, and injury reports of alleged injured persons are not produced, prosecution fails to prove guilt beyond reasonable doubt and accused are entitled to benefit of doubt.
Statutory provision(s):
Indian Penal Code Sections 304/34, 323/34, 341/34, 324/34, 307/34
Karpuri Thakur v. State of Bihar, (Patna) : Law Finder Doc Id # 2998306
