Back
2018 Supreme(Jhk) 721
IN THE HIGH COURT OF JHARKHAND AT RANCHI
KAILASH PRASAD DEO, J.
Raju Singh @ Ranjeet Singh son of Binay Kumar Singh & Ors. - Appellants
Versus
The State of Jharkhand - Respondent
Cr. Appeal (S.J.) Nos. 279 & 334 of 2004
Decided On : 25-06-2018
Advocate Appeared:
For the Appellants : Mr. Arun Kumar, Mr. Shiv Kumar Singh, Mr. Altaf Hussain
For the State : Mr. Suraj Mohan
The judgment underscores the requirement for specific allegations and proof of assault, as well as the need for evidence beyond reasonable doubt to establish guilt in criminal cases.
Headnote:
Indian Penal Code - Criminal Appeals - Sections 147, 341, 325, 307 - Summary
Fact of the Case:
The appellants were convicted for assaulting the informant under various sections of the Indian Penal Code. The prosecution's case was based on the informant's statement alleging assault by 25 persons, resulting in injuries and theft of valuables.
Finding of the Court:
The court found that the evidence presented was not sufficient to prove the appellants' guilt beyond reasonable doubt. It noted discrepancies in witness testimonies and lack of specific allegations against the appellants for assault.
Issues: The issues revolved around the sufficiency of evidence to establish guilt under the charged sections, the credibility of witness testimonies, and the presence of 'mens rea' for the alleged offences.
Ratio Decidendi: The court emphasized the need for specific allegations and proof of assault to establish guilt under the charged sections. It also highlighted the importance of 'mens rea' and the requirement for evidence beyond reasonable doubt.
Final Decision: The court acquitted the appellants of the charges under Sections 147, 325, and 307 of the Indian Penal Code due to lack of sufficient evidence and specific allegations. The conviction under Section 341 was upheld, but as the appellants had already served the sentence, no further action was required.
The instant Criminal Appeals have been preferred against a common judgment of conviction and order of sentence, both dated 31.01.2004, passed by learned Additional Sessions Judge, Fast Track Court No. VI, Dhanbad, in Sessions Trial No. 370/2002, whereby five appellants above named, have been convicted by the learned Trial Court for offence punishable under Sections 147, 341, 325 and 307 of the Indian Penal Code and awarded rigorous imprisonment for seven years and a fine of Rs. 1000/- under Section 307 of the Indian Penal Code and rigorous imprisonment for three years under Section 325 of the Indian Penal Code and one month simple imprisonment for the charge under Section 341 of the Indian Penal Code and six months simple imprisonment for the charge under Section 147 of the Indian Penal Code and all the sentences are directed to run concurrently.
2. Brief fact of the prosecution case is based upon fardbeyan of Sandeep Kumar Singh (P.W. 6) recorded by A.S.I., Harendra Singh of Jorapokhar Police Station, on 28.03.2001, at 11.00 pm in the night, where the informant has alleged, that after closing his shop at Digwadih at 06.15 p.m., he was going alone to his house through Digwadih New Colony and as soon as, he reached near the house of Pulin Chakraborty, 25 boys came with weapons and started assaulting the informant. The informant has further stated that, he has identified one, Pappu by saying that “Pappu I have identified you” and he asked for the reason, for committing such assault, upon which Pappu said that “he has identified me, kill him”, and thereafter all the accused persons have assaulted him due to which, he became unconscious and when he regained his consciousness, he found himself in a hospital, where his fardbeyan was recorded. Out of 25 persons, he identified Pappu Singh @ Mochi, Raju Singh @ Ranjeet Singh, Shekhar Kumar Singh, Deepak Kumar Singh (all appellants of Cr. Appeal (SJ) No. 279 of 2004) and one Belal Ahmad (appellant in Cr. Appeal (S.J.) No. 334 of 2004).
3. The informant was asked by the police officer, who has recorded the fardbeyan regarding the reason as why he has been assaulted, upon which the informant said that he has no previous enmity with the said persons. Informant has further stated that accused persons has taken one golden chain, wrist watch and Rs. 2800-2900/- cash from the informant but has not seen that, nor alleged specifically who were the accused persons who had taken away the golden chain, wrist watch and the cash money. The informant has further stated, on query made by the police officer, that who has saved him, on which the informant has said that, he has not seen any person.
4. On the fardbeyan of the informant, police has registered Jorapokhar P.S. Case No. 99 of 2001 on 28.03.2001 under Sections 147, 341, 323, 342, 307 and 379 of the Indian Penal Code against the accused persons.
After investigation, the police has submitted final form vide chargesheet no. 317 of 2001 dated 25.10.2001 under Sections 147, 341, 325 and 307 of the Indian Penal Code.
5. The cognizance of the offence was taken on 03.11.2001 against all the five accused persons under Sections 147, 341, 325, 307 of the Indian Penal Code. The case was committed to the court of Sessions vide order dated 20.08.2002 and charge was framed against the accused/appellants under Sections 147, 341, 325 and 307 of the Indian Penal Code on 03.06.2003, to which the appellants have pleaded their innocence and thus, they were put under trial.
6. The prosecution has examined altogether 9 witnesses and also exhibited a number of documents, which have been marked as exhibits to prove their case.
7. Pulin Kumar Chakraborty has been examined as P.W. 1., Subhan Chatterjee has been examined as P.W. 2, Love Kumar Vishwakarma has been examined as P.W. 3, Munna Singh has been examine as P.W. 4, Bijoy Kumar Singh has been examined as P.W. 5, Sandeep Kumar Singh @ Sanjeev (informant and injured of the case) has been examined as P.W. 6, Dr. Rat
