‘Huge doubt in prosecution story’: Patna High Court acquits man after 16 years in jail for murder

The court also noted that the trial court had failed to put all incriminating circumstances, including the alleged fleeing of the accused and previous enmity, to Jha while recording his statement under Section 313 CrPC.

It was around 9 pm on October 5, 2000, when the sound of two gunshots was heard near Boritar Pul in Samastipur. Chandra Kumar Jha allegedly ran towards the spot with a torch after hearing the firing and allegedly saw Ranjit Kumar Jha shoot his brother, Pawan Kumar Jha, before fleeing with two others. Pawan was found lying in a pool of blood, with a pistol allegedly lying beside him.

More than 25 years later, the Patna High Court has found that this account could not safely sustain a murder conviction. A Division Bench of Justice Rajeev Ranjan Prasad and Justice Kumar Manish, in a judgment dated September 10, set aside Jha’s 2009 conviction under Section 302 IPC (murder) and the Arms Act, holding that the case was ultimately one of “no evidence” against him.

Before the HC examined his appeal, Jha had already spent 16 years in jail.

The prosecution had alleged that the murder stemmed from a dispute over Rs 3,300. Jha was accused of taking the money from the deceased while he was asleep, following which a panchayati allegedly required him to return it.

The High Court, however, found no reliable evidence that such a panchayati had taken place. The Investigating Officer (IO) contradicted a prosecution witness on whether the latter had even mentioned the panchayati during the investigation, while several persons allegedly present at it were never examined.

The Bench found the alleged eyewitness account equally problematic. The informant claimed in court that he had seen Jha firing at the deceased in torchlight. But the IO stated that the informant had not made this assertion in his police statement. The torch allegedly used for identification was never seized or produced. Other witnesses gave conflicting accounts of who reached the spot first and how long they took to get there. One witness said he reached within two minutes, another said ten minutes. Chandra Shekhar Jha, a prosecution witness, stated that he had not seen who shot the deceased or anyone fleeing from the spot.

The court also noted that several witnesses were inimical to Jha, either having themselves been accused in the murder case of his grandfather or being close relatives of such an accused. Despite the prosecution claiming that 10-20 persons had gathered at the scene, no independent witness was examined.

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The FIR procedure proved particularly damaging to the prosecution. Although the FIR was shown to have been registered on October 5, its copy reached the jurisdictional Magistrate only on October 9, with no explanation for the four-day delay.

The inquest report did not contain the case number or the time of its preparation, while the body was sent for post-mortem the following morning. Relying on Supreme Court precedent emphasising prompt FIR transmission, the Bench held that the circumstances “would lead to conclude that the FIR was antedated” and created “huge doubt in the prosecution story”.

The Bench consequently acquitted Jha and directed the Bihar Director General of Police (DGP) to examine the conduct of the then SHO and IO, observing that their conduct disclosed “gross negligence” and directing an action-taken report within two months.

The court also noted that the trial court had failed to put all incriminating circumstances, including the alleged fleeing of the accused and previous enmity, to Jha while recording his statement under Section 313 CrPC.

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The Court also noted that Jha was a poor person who could not challenge his conviction for around 16-and-a-half years, pointing to failures of both the prison authorities and the District Legal Services Authority to ensure legal assistance. His appeal was eventually filed with assistance from the Patna High Court Legal Services Committee.

The Bench also found that the appellant during his incarceration was “diagnosed of mental illness and depression for which he was being given some medicines by the jail authorities”.

It instead, considering his mental health condition and circumstances, directed the State to rehabilitate him, including providing financial assistance for livelihood if required.

© The Indian Express Pvt Ltd

Himanshu Harsh is a Correspondent with The Indian Express, currently leading on-the-ground coverage in Bihar. With a reporting career rooted in the complexities of the National Capital Region (NCR), Himanshu specializes in the critical intersection of law, crime, and civic governance. Professional Expertise & Credentials An alumnus of the prestigious Indian Institute of Mass Communication (IIMC), Delhi, Himanshu brings a rigorous academic foundation to his investigative work. His expertise is characterized by a "ground-up" reporting style, most notably demonstrated during his extensive coverage of the 2024 Lok Sabha elections, where he analyzed shifting political landscapes and grassroots sentiment. Specialized Beats Himanshu’s portfolio reflects versatility, allowing him to navigate diverse industries and social issues: Civic & Legal Affairs: Extensive experience covering the Delhi reporting beat, focusing on policy implementation and judicial impact. Automotive Industry: A technical background in reporting on India’s evolving transport and automotive sectors. Social Fabric & Human Interest: Beyond hard news, he is known for exploring the changing social dynamics of India’s urban and rural heartlands, bringing a human-centric lens to systemic issues. Personal Interests & Digital Literacy Outside the newsroom, Himanshu’s deep engagement with technology and gaming informs his understanding of digital trends and the modern information economy. A trained DJ with a passion for music, his diverse personal interests contribute to a well-rounded perspective that resonates across both traditional and digital media platforms. ... Read More

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