The court ruled that the prosecution failed to meet its burden of proof due to significant evidential inconsistencies and procedural errors, leading to the acquittal of the accused-appellants.

JUDGMENT :

SANDEEP MEHTA, J.

1. Heard.

2. The appellants¹ [Hereinafter, referred to as the “accused-appellants”] herein faced trial before the 3rd Additional Judicial Commissioner, Ranchi² [Hereinafter, referred to as the “trial Court”] in Sessions Trial No. 128 of 1991. Vide judgment dated 30th August, 1994, the learned trial Court convicted the accused-appellants for the offences punishable under Section 120B, Section 302 and Section 302 /149 of the INDIAN PENAL CODE , 1860.³ [For short “IPC”] The accused-appellants were sentenced to undergo imprisonment for life for the aforesaid offences.

3. Being aggrieved by their conviction and sentence, the accused-appellants preferred Criminal Appeal (DB) No. 150 of 1994 before the High Court of Jharkhand at Ranchi.⁴ [Hereinafter referred to as the “High Court”] During the pendency of the appeal, the sentences awarded to the accused-appellants by the trial Court were suspended and they were ordered to be released on bail. The afore-stated appeal of the accused-appellants came to be dismissed by the High Court vide judgment dated 10th February 2023, wherein the High Court modified the conviction to one under Section 302 /34 IPC and imposed a fine of Rs. 2,000 on the accused-appellants, in addition to the life imprisonment already awarded by the trial Court. The said judgment is the subject matter of challenge in the present appeal.

4. The accused-appellants surrendered on 1st May, 2023 and currently are in custody.

Brief Facts:

5. Briefly stated, the facts relevant and essential for disposal for the appeal are noted herein-below.

6. As per the initial case of prosecution, the informant, Rameshwar Sahu (PW-3), along with his son, Gajendra Prasad Gupta⁵ [For short “Gajendra”] had left his home on 11th May, 1990 at about 3:00 p.m. to sell sweets at the Jatra Mela held at village Jhinjhari. Gajendra set up his stall and commenced selling sweets. Three persons approached his stall and demanded quarter kg sweets. Gajendra provided the sweets and asked for payment. The said individuals allegedly refused to pay, whereupon Gajendra declined to give them the sweets. An altercation ensued, during the course of which the three persons threatened Gajendra, stating that they would accost and kill him on the way back home. The quarrel was pacified by Lalu Ahir, the watchman of Mandar Police Station, and Etwa Oraon, a resident of Sakarpada. Thereafter, the informant and his son wound up the stall and left for their home. It is alleged that when they reached Jhinjhri Dam, the same three persons intercepted them by inserting a stick into the front wheel of Gajendra’s bicycle, causing him to fall. Gajendra attempted to run, but the assailants chased him down, and thereafter assaulted him with wooden sticks, chains, and hockey sticks. When the informant tried to intervene, the assailants allegedly threatened him as well, warning that he too would be killed if he did not flee. The assailants continued beating Gajendra, causing injuries to his forehead, chest, and arms. After the assault, the accused persons fled, whereafter the informant and others proceeded to check upon Gajendra, who was first taken in an injured condition to Mandar Hospital, wherefrom the attending doctor referred him to R.M.C.H. Ranchi. Gajendra was admitted and underwent treatment at R.M.C.H. Ranchi. However, on 12th May, 1990 at about 8:00 a.m. he succumbed to his injuries. The informant alleged that he, as well as watchman Lalu Ahir and Etwa Oraon, could identify the assailant upon seeing th