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2019 Supreme(Jhk) 99
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anant Bijay Singh, Kailash Prasad Deo, JJ.
Manjit @ Mangra Ram, S/o Late Etwa Ram – Appellant
Versus
The State of Jharkhand – Respondent
Cr. (Jail) Appeal (DB) No.824 of 2008
Decided On : 04-01-2019
For the Appellant : Mr. K.K. Mishra, Amicus Curiae
For the Respondent: Mr. Praveen Kr. Appu
Headnote:
Indian Penal Code, 1860 – Sections 302 and 201 – Code of Criminal Procedure, 1973 – Section 313 – Assault – Criminal appeal has been preferred by the sole appellant against the Judgment of conviction and order of sentence passed by Additional Sessions Judge, Fast Track Court, in Sessions Trial arising out of P.S. Case corresponding to G.R. whereby the sole appellant has been convicted for the offence committed and punishable under Sections 302 and 201 of the Indian Penal Code and awarded consolidated sentence to undergo imprisonment for life. – Held, There is no eye-witness to the occurrence and most of the witnesses, P.W.4, P.W.5, P.W.6, P.W.7 and P.W.8 have been declared hostile and even the informant (P.W.2) is not an eye-witness to the occurrence. – Neither the prosecution has brought on record nor the Investigating Officer has discovered weapon of assault in course of investigation. – The entire link of circumstances only pointing out towards the guilt of the accused has not been established by prosecution, hence, prosecution has failed to prove the case beyond all reasonable doubt, as such, the appellant may be acquitted from charge and conviction under Sections 302 and 201 of the Indian Penal Code. – Additional Public Prosecutor appearing for the State while opposing the submission of the learned Amicus Curiae, has submitted that the findings recorded by the learned trial court does not require any interference by this Honble Court – Appeal Allowed
Heard learned Amicus Curiae and learned Additional Public Prosecutor appearing for the State.
2. The instant Criminal appeal has been preferred by the sole appellant against the Judgment of conviction dated 7th May, 2008, and order of sentence dated 15th May, 2008, passed by Ashutosh Dubey, learned Additional Sessions Judge, Fast Track Court, Simdega, in Sessions Trial No.92 of 2005, arising out of Kolebira P.S. Case No.48 of 2005 corresponding to G.R. No.229 of 2005, whereby the sole appellant has been convicted for the offence committed and punishable under Sections 302 and 201 of the Indian Penal Code and awarded consolidated sentence to undergo imprisonment for life.
3. The present Criminal Appeal was filed on 15.07.2008 and vide order dated 17.07.2008, it was admitted for Hearing, notice was issued and lower court records was called for and Miss. Nazia Afroz, learned counsel was appointed as Amicus Curiae to assist this Court on behalf of the appellant.
The matter was firstly listed on 24.10.2018 before this Court and the following order was passed :
The sole appellant, Manjit @ Mangra Ram faced trial passed by Ashutosh Dubey, learned Additional Sessions Judge, F.T.C. Simdega, in Sessions Trial No. 92 of 2005 (arising out of Kolebira P.S. Case No. 48 of 2005 corresponding to G.R. Case No. 229 of 2005) whereby learned Judge vide judgment dated 07.05.2008 held the appellant guilty under Sections 302 and 201 I.P.C. and awarded imprisonment for life.
The instant Criminal Appeal was admitted for hearing on 17.07.2008 and Ms. Nazia Afroz, Advocate was appointed as Amicus Curiae.
“It has been informed by the Bar that Ms. Nazia Afroz, Advocate has left practice in this Hon'ble Court.
Under the circumstances, Mr. Kaushal Kishore Mishra, Advocate is appointed as amicus curiae in this case to assist the Court.
The Member Secretary, Jharkhand State Legal Services Authority is directed to issue nomination letter to newly appointed amicus curiae, Mr. Kaushal Kishore Mishra and also quantify his fee for appearing in this case.
Registry of this Court is directed to supply copy of brief and relevant documents to newly appointed amicus curiae latest by 20.11.2018.
Call for a report regarding status of the appellant from the concerned trial Court as to whether the appellant is alive or not.
The required report must be submitted to this Court by 14th December, 2018.
List this case on 14th December, 2018.
Mr. Shekhar Sinha, learned Additional Public Prosecutor appearing for the State is directed to nominate a learned Additional Public Prosecutor in this case.
Let a copy of this order be handed over to Mr. Shekhar Sinha, learned Additional Public Prosecutor appearing for the State.
Let a copy of this order be communicated through 'FAX' to the concerned Trial Court as well as learned Member Secretary, JHALSA, Ranchi at once.”
Further, vide order dated 04.01.2019, the matter was heard, on merits.
4. The First Information Report giving rise to the instant Criminal Appeal is as follows :-That one fardbeyan of Kisun Ram (P.W.2), S/o Late Jagdish Ram, resident of Harijan Colony, Bano, P.S.- Bano, District-Simdega, was recorded by Sub Inspector of Police, Radhey Shyam Tiwari (P.W.11) of Kolebira Police Station on 05.08.2005 at 14.30 Hrs., alleging therein that the elder daughter of the informant, namely, Sisam Devi was married about four years ago with Manjit @ Mangra Ram (appellant herein). It is further alleged that after marriage, got information that Manjit Ram had earlier solemnized marriage from before and his one wife died whereas another was left. It is alleged that after the marriage Manjit Ram had good relation with Sisam Devi for some time and thereafter started torturing her and the daughter of the informant has shown injuries on her body. The reason being given by the daughter of informant that Manjit used to take liquor and assault his wife. It is further alleged that on Friday i.e. 05.08.2005 at 11.00 a.m., one person of Village Tutikel Ganjh
