Justice Vipul Pancholi led Division Bench quashes conviction order of IXth Additional Sessions Judge, Saran in a murder case

In Ganga Sagar Giri vs. The State of Bihar (2025), Patna High Court's Division Bench of Justices Vipul M. Pancholi and Sunil Dutta Mishra observed: "we are of the view that the prosecution has failed to prove the case against appellant beyond reasonable doubt. Hence, Trial Court has committed grave error in passing the impugned judgment and order. Accordingly, the same is required to be quashed and set aside" in its judgement dated April 10, 2025. 

The impugned judgment of conviction dated February 8, 2018 and order of sentence dated February 12, 2018 passed by IXth Additional Sessions Judge, Saran at Chapra in Sessions Trial , arising out of Riwilganj are quashed and set aside. The judgement reads: "The appellant is acquitted of the charges levelled against him by the Trial Court.  The appellant is in custody. He is directed to be released from jail custody forthwith, if his custody is not required In any other case. The appeal stands allowed."

The Trial Court had convicted the appellant for commission of the offences punishable under Section 302 of Indian Penal Code and 27 of the Arms Act and had sentenced him to undergo rigorous imprisonment for life and a fine of Rs. 10,000/- for the offence under Section 302 of Indian Penal Code and imprisonment for 3 years and fine of Rs. 5,000/- for offence punishable under Section 27 of the Arms Act. 

The informant Pankaj Kumar Singh gave his fardbeyan to S.I. Sahid Hussain, S.H.O. Riwilganj P.S. on October 24, 2014 at 05:00 a.m. at Gariba Tola Dhala stating that, on October 23, 2014, when his uncle Harendra Singh didn’t return to his house till 11:00 p.m, he along with his father Shailendra Singh and grandfather Rameshwar Singh went in search of him and, in course of searching, when they reached near Aalekh Tola Bazar Bridge (Garib Tola Dhala) at about 11:30 p.m., they saw that his uncle and 6-7 persons were gambling on the bridge. Then, they told Harendra Singh to go home and he got ready to go home. In the meantime, Ganga Sagar Giri, who was also gambling there, restrained him and pressurized him to continue the gambling. At this, his uncle told him that he has to go to his home and that he shall not further gamble but Ganga Sagar Giri was restraining him. 

On this issue, there was a scuffle between them. In the meantime, Ganga Sagar Giri took out country-made katta from his waist and opened fire on his uncle. The bullet hit the ribcage of his uncle. He got injured and fell down on the earth. After that, Ganga Sagar Giri absconded from there. He further stated that when they were taking away his uncle to the Hospital and when they reached near Athgama Dhuri Tola, his uncle died. Then, they brought his uncle to the house and informed Chand Diyar Police Chowki (U.P. Police). Chand Diyar Police Chowki informed Riwilganj Police Station. When the Riwilganj Police reached at the place of occurrence at Gariba Tola, they brought the dead body of Harendra Singh at the place of occurrence where his statement was recorded.

After registration of the F.I.R., the Investigating Officer started the investigation and, during the course of the investigation, he had recorded the statement of the witnesses and thereafter filed the charge-sheet against the appellant/accused before the concerned Magistrate Court. As the case was exclusively triable by the Court of Sessions, the Magistrate had committed the same to the Sessions Court where the same was registered as Sessions Trial.