Facts
On the night of 12.12.2002, the accused, Fauzdar Yadav, allegedly entered the house of Jung Bahadur Singh and assaulted him on the head with a khanti (iron rod/digging tool) and also assaulted the informant, P.W.3.
Source reference: p. 3The victim died on 20.12.2002 after treatment.
Source reference: p. 3The Trial Court convicted the accused under Sections 325 (grievous hurt), 452 (house-trespass after preparation for hurt), and 323 (simple hurt) of the IPC, sentencing him to seven years of rigorous imprisonment.
Source reference: p. 2, 21The legal heirs of the deceased filed a Revision seeking conviction under Section 302 (murder), while the convict filed an Appeal challenging the conviction.
Source reference: p. 2Issues
1. Whether the prosecution established the identity of the accused and the manner of occurrence beyond a reasonable doubt to sustain any conviction.
Source reference: p. 27 / para. 282. Whether the act of the accused amounted to murder under Section 302 of the IPC or merely grievous hurt under Section 325.
Source reference: p. 2, 22Law Applied
Section 302 of the IPC (Murder), Section 325 (Voluntarily causing grievous hurt), and Section 452 (House-trespass).
Source reference: no citationThe principle from Bhaskarrao v. State of Maharashtra (2018) and Tahsildar Singh v. State of U.P. (1959) regarding the Court's duty to separate truth from embellishments ("chaff from the husk").
Source reference: p. 23, 31Necessity of a proximate and unbroken chain between the assault and death to sustain a homicide charge, as well as the evidentiary value of minor child witnesses and injured witnesses whose testimony contains material improvements.
Source reference: p. 27-29Reasoning
The High Court found the prosecution's case fundamentally flawed due to material improvements and contradictions.
Source reference: no citationAlthough P.W.3 claimed to recognize the accused, she admitted in cross-examination that she was pardanashin and that P.W.2 (Pritam Gosai) was the one who told her the assailant was the accused, rendering her identification hearsay and unreliable.
Source reference: p. 28 / para. 31The fardbeyan initially mentioned only three people present, but more witnesses were introduced during the trial.
Source reference: p. 27-28The Court noted the "unnatural conduct" of family members (Sachida and Manoj) who allegedly watched the assault without intervening.
Source reference: p. 29-30There was a 12-hour delay in filing the FIR for a police station only 5km away, and the weapon (khanti) was never recovered.
Source reference: p. 30The delay in medical treatment and lack of admission papers from BHU broke the direct link between the assault and the cause of death.
Source reference: p. 31Holding
The Court held that the prosecution failed to prove the charges beyond reasonable doubt; identification of the accused was doubtful and the ocular evidence was inconsistent with natural human conduct.
The High Court set aside the Trial Court's judgment, acquitted Fauzdar Yadav of all charges (Sections 325, 452, and 323 IPC), and discharged his bail bonds.
Source reference: p. 32 / para. 35-37The Criminal Appeal of the convict was allowed, and the Criminal Revision of the informant was dismissed.
Source reference: p. 32Original Court PDF
FAUJADAR YADAVvsSTATE OF BIHAR
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