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3. The short facts of the case are that the fardbeyan of the informant Surendra Singh was recorded by the Assistant Sub- Inspector of Police, Pirbahore Police Station, District-Patna, namely, Sri R.P. Singh on 05.05.1996 at 09:45 a.m. at the PMCH, Emergency Ward, Patna. In the fardbeyan, Surendra Singh (who later on died in the month of August, 2008), has stated that his nephew, namely Ajay Kumar Singh (deceased) aged about 20 years used to study in R.N. College, Hajipur in the final year of B.A. course. He has further stated that his niece Pratima Kumari (PW-7) used to study at Vaishali Vidyalaya, Mahua in class-10 and used to go to village Mahua Singrai for Patna High Court CR. APP (DB) No.555 of 2016 dt.12-11-2025 taking tuition from Jha Ji sir. The informant has next stated that on the previous day at about 05:30 in the evening the Chaukihdar of the police station informed that the nephew of the informant, namely Ajay Kumar Singh is admitted in Mahua Government Hospital where he is lying unconscious and has received injuries on his forehead and body. Immediately, the niece of the informant Pratima Kumari informed the informant that when she was returning from Mahua Singrai after having taken tuition and had reached at the tea shop of Yogendra Das, there in front of the shop, Binod Das and Yogendra Das had engaged in eve teasing with her, whereafter she had returned home and disclosed about the same to Ajay Kumar Singh, whereupon Ajay Kumar Singh, for making enquiry from Binod Das and Yogendra Das, had gone to the shop of Yogendra Das, where Mahendra Das, Yogendra Das, Ram Briksh Das and Binod Das had assaulted Ajay Kumar Singh on his forehead by a sharp weapon as also by rod and lathi. Upon receiving information police had arrived there and taken Ajay Kr. Singh to the hospital. He has stated that the occurrence was witnessed by the local people. The informant has next stated that thereafter, he along with other related persons had gone to Mahua Hospital where they found Ajay Singh to have been grievously injured Patna High Court CR. APP (DB) No.555 of 2016 dt.12-11-2025 and was lying in an unconscious condition. The doctor had then referred the said Ajay Kumar Singh on 04.05.1996 itself and at about 7:00 in the evening they had taken him for treatment to PMCH where he was admitted, however he died during the course of treatment in an unconscious state on 4.5.1996 itself at about 10:45 p.m. The informant has also stated that it is his claim that Mahendra Das, Yogendra Das, Ram Briksh Das and Binod Das have assaulted Ajay Kr. Singh by sharp cutting weapon, lathi and rod with an intention to kill him, resulting in him being injured grievously and he died while he was unconscious and was being treated at PMCH.

19. PW-5 Hare Ram Singh has stated in his evidence that the occurrence dates back to about nine years and three months at about 04:00-05:00 in the evening. The occurrence had taken place on 04.05.1996 at about 04:30 p.m. PW-5 has further stated that in the morning when he was going from his house to Mahua, Pratima Kumari had met him at Fudeni Chowk and had told him that sons of Yogendra Das had engaged in eve teasing, whereafter he had calmed her and sent her back to her home. Patna High Court CR. APP (DB) No.555 of 2016 dt.12-11-2025 Thereafter, he had gone to teacher Dev Narayan Jha (PW-4) and had told him about the entire incident, whereafter he had gone to Mahua and then he had returned back to his home at 11:00 hours. PW-5 has next stated that after having reached home he had again left his house for Mahua at 03:00 p.m. along with Mukesh Kumar Singh (PW-3) and after finishing their work at Mahua when they were returning back at around 04:30 p.m. in the evening and had reached at Fudeni Chowk, they saw that quarrel was taking place in between Ajay and Yogendra Das and during the course of altercation, Yogendra Das had assaulted Ajay by rod, whereafter Ajay had tried to flee away and then Yogendra Das had raised hulla, whereupon Mahendra Das, Ram Briksh Das, Nathuni Das, Binod Das, Dinesh Das and Devendra Sah had arrived there armed with rod, axe and baat and then they had surrounded Ajay and had started assaulting him. Thereafter, PW-5 and Mukesh Kumar Singh (PW-3) had tried to save him, however they threatened to assault them leading to them fleeing away. Afterwards, this witness came to know that Ajay has been taken to Mahua Hospital where he was lying in an unconscious condition. In paragraph no. 3 of his examination-in-chief, PW-5 has stated that afterwards the family members of Ajay had taken him to PMCH, Patna and in the Patna High Court CR. APP (DB) No.555 of 2016 dt.12-11-2025 night during the course of treatment Ajay had died. He has also stated that the occurrence had taken place on account of eve teasing of Pratima Kumari leading to Ajay having gone to make an enquiry, whereupon the accused persons had assaulted him. He has recognized the accused standing in the dock. In cross- examination, PW-5 has stated that Fudeni Chowk is situated at Mahua and his house is situated at a distance of 2-2½ kilometers from the place of occurrence i.e. Fudeni Chowk, Surendra Singh is his co-villager and Pratima happens to be her sister on account of she belonging to the same village. In paragraph no. 6 of his cross-examination, PW-5 has stated that he knows Yogendra Das since 10 years. In paragraph no. 7 of his cross- examination, PW-5 has stated that Yogendra used to come to his house and Yogendra and his sons used to run a shop as also used to drive vehicle. In paragraph no. 8 of his cross-examination, PW-5 has stated that on the date of occurrence he had gone to Mahua twice, which is situated at a distance of three kilometers from his house. He has also stated that when Pratima had made a complaint to him, she was alone and he had not taken her to his teacher. He has next stated that Pratima had said that sons of Yogendra Das used to engage in eve teasing. In paragraph no. 9 of his cross-examination, PW-5 has stated that he had informed Patna High Court CR. APP (DB) No.555 of 2016 dt.12-11-2025 the family members of Pratima about the incident of eve teasing, however at that time no male members were present and only female members of the family were present. In paragraph no. 10 of his cross-examination, PW-5 has stated that there was no conversation between him and Ajay regarding the incident of eve teasing. In paragraph no. 11 of his cross- examination, PW-5 has stated that he had gone to Mahua for bringing medicine for sprinkling in the field and while he was returning from Mahua, he saw that Ajay was being assaulted by the accused persons and at that time Mukesh Kumar Singh (PW-

21. PW-7 Pratima Kumari has stated in her evidence that the occurrence dates back to about 13 years when she used to study in High School at Mahua and used to go to Bajrangi Sir for Patna High Court CR. APP (DB) No.555 of 2016 dt.12-11-2025 tuition purposes, where she used to go via Fudeni Chowk and there two boys, namely Binod Das and Devendra Das used to engage in eve teasing with her which she had tolerated for 2-3 days but thereafter, she had disclosed about the same to his brother Ajay Kumar Singh and when he had gone to enquire about the same from the said two boys, the said two boys, namely Binod Das and Devendra Das as also Yogendra Das, Mahendra Das, Ram Briksh Das and others had assaulted her brother leading to him being injured, whereafter he was taken to Mahua Hospital and from there he was sent to PMCH, Patna where he died. PW-7 has also stated that she had disclosed about the incident to her neighborhood brother Hare Ram Singh. In paragraph no. 3 of her examination-in-chief, PW-7 has stated that the aforesaid facts were also disclosed before the Investigating Officer in her statement made before him. She has stated that the informant of the present case, namely Surendra Singh who is her uncle, died in the month of August, 2008. In cross-examination, PW-7 has stated that she had not seen the incident of assault which had taken place with his brother, however she has heard about the same and on the said basis she is making her statement. In paragraph no. 5 of her cross- examination, PW-7 has stated that she used to study at High Patna High Court CR. APP (DB) No.555 of 2016 dt.12-11-2025 School at Mahua at the time of occurrence which is at a distance of 3-4 kilometers from her house and near the said High School, the house of Bajrangi Master is situated who is still alive but she cannot say as to whether he has retired or not. In paragraph no. 6 of her cross-examination, PW-7 has stated that Fudeni Chowk is at a distance of 2-2½ kilometers from her house (father's house) and while going and coming from the school, the same is situated in the middle as also while going to tuition, Fudeni Chowk is situated in the middle and she used to travel on foot. She used to go to the Master Saheb' place in the evening for taking tuition, after the school was over. In paragraph no. 7 of her cross-examination, PW-7 has stated that the Investigating Officer had come to the door of her house and made enquiries about the incident, whereupon she had given her statement and at that time co-villagers, namely, Mukesh Kumar Singh (PW-3), Hare Ram Singh (PW-5), Upendra Singh (PW-1) and others were present. In paragraph no. 8 of her cross-examination, PW-7 has stated that her marriage was solemnized in the year 1999 and she has got two children. In paragraph no. 9, PW-7 has stated that she had disclosed before the Investigating Officer regarding the accused persons engaging in eve teasing with her. She has stated that the said incident was also narrated to her co- Patna High Court CR. APP (DB) No.555 of 2016 dt.12-11-2025 villager Hare Ram Singh and to her brother.

31. As far as the motive of the accused persons for giving effect to the alleged occurrence is concerned, the same has also Patna High Court CR. APP (DB) No.555 of 2016 dt.12-11-2025 stood established by the prosecution's evidence inasmuch as all the three eye witnesses i.e. PW-3 Mukesh Kumar Singh, PW-5 Hare Ram Singh and PW-6 Fudeni Rai have stated in their respective testimony that the occurrence had taken place on account of eve-teasing of the sister of the deceased by the accused persons. In this regard, it would be relevant to point out that PW-3 Mukesh Kumar Singh has stated in his evidence that occurrence had taken place on account of eve-teasing inasmuch as Binod Das (Appellant of the 2nd case) i.e. son of Yogendra Das used to misbehave with the sister of the deceased Ajay, while PW-5 Hare Ram Singh has stated in his evidence that the occurrence had taken place since the sons of Yogendra Das, namely Binod Das and Dinesh Das, i.e. the appellants of the aforesaid two appeals, used to engage in eve-teasing with the sister of the deceased Ajay whereas PW-6 Fudeni Rai has stated that the sister of the deceased Ajay used to be misbehaved with by the accused persons. Thus, there is no iota of doubt that the motive for the said occurrence has stood established beyond all reasonable doubts.