IN THE HIGH COURT OF JHARKHAND AT RANCHI
H.C. MISHRA, B.B. MANGALMURTI, JJ.
Suresh Pandey - Appellant
Versus
The State of Jharkhand - Respondent
Cr. Appeal (D.B.) No. 423 of 2006 With Cr. Appeal (D.B.) No. 252 of 2006
Decided on : 31-07-2018
Indian Penal Code - Land Dispute - Sections 148, 302/149, 307/149, 448/149, 427/149 - Arms Act, Section 27
Fact of the Case:
The appellants were convicted for various offenses including rioting, murder, and possession of arms in a case arising from a land dispute. The prosecution alleged that the appellants assaulted the informant and his family, resulting in injuries and the death of the informant's son.
Finding of the Court:
The court found that the evidence provided by the highly interested witnesses, the informant, his wife, and sons, lacked sufficient corroboration. It acquitted three appellants due to lack of evidence but affirmed the conviction of one appellant for rioting and murder based on corroborated evidence.
Issues: Lack of corroboration for witness testimony, absence of documentary proof for allegations, and failure to prove the charges beyond reasonable doubt.
Ratio Decidendi: The court acquitted the appellants due to lack of sufficient evidence and lack of corroboration for witness testimony. However, it affirmed the conviction of one appellant based on corroborated evidence of rioting and murder.
Final Decision: The court set aside the convictions of three appellants, acquitting them of the charges, and affirmed the conviction of one appellant for rioting and murder. The appellant in custody was to continue serving the sentence.
Both these appeals arise out of the common Judgment, as such, they are heard together and are being disposed of by this common Judgment.
2. Heard learned counsel for the appellants and the learned counsel for the State.
3. The appellants in both these appeals are aggrieved by the impugned Judgment of conviction dated 30.01.2006 and Order of sentence dated 31.01.2006, passed by the learned 5th Additional Sessions Judge, East Singhbhum, Jamshedpur, in Sessions Trial No. 281 of 2003, whereby, the appellants have been found guilty and convicted for the offences under Sections 148, 302/149, 307/149, 448/149, 427/149 of the Indian Penal Code, as well as Section 27 of the Arms Act. Upon hearing on the point sentence, the appellants have been sentenced to undergo R.I. for life for the offence under Sections 302/149 of the Indian Penal Code, R.I. for seven years for the offence under Sections 307/149 of the Indian Penal Code, R.I. for six months for each of the offences under Sections 448/149 and 427/149 of the Indian Penal Code, R.I. for one year for the offence under Section 148 of the Indian Penal Code and R.I. for three years for the offence under Section 27 of the Arms Act, and all the sentences were directed to run concurrently.
4. The prosecution case was instituted on basis of the fardbeyan of the informant, Raghuvir Singh, the father of the deceased Harinarayan Singh @ Hira Lal Singh, recorded at M.G.M College Hospital, Jamshedpur, at about 10:00 A.M., on 14.5.1993, wherein he has stated that on the same day at about 8:00 A.M., the accused persons were putting a wall blocking the eastern door of his house, which was objected by the informant. It is also stated that for the dispute of the same land, there was a proceeding under Section 133 of the Cr.P.C., also pending. It is alleged that upon objection by the informant, the accused persons started pelting stones and firing pistols upon the informant and his family members. The accused Anirudh Pandey fired upon the informant from his country-made pistol but the informant saved himself. Thereafter, Suresh Pandey fired the pistol, injuring Harinarayan Singh @ Hira Lal Singh, the elder son of the informant, over his left eye, due to which, he sustained bleeding injuries and fell down and became unconscious. In the meantime, about 30-40 unknown persons assembled in favour of the accused Anirudh Pandey and all of them started pelting stones in which the informant Raghuvir Singh, his wife Murti Devi, his sons Raj Kumar Singh, Rajdeo Singh and Raj Mohan Singh were badly injured. The accused persons also committed mischief in the house by destroying the tiles of the roof of the house. His son Harinarayan Singh died in MGM Hospital. On the basis of the fardbeyan of the informant, Telco P.S. Case No.108 of 1993, corresponding to G.R No.945 of 1993, was instituted for the offences under Sections 147, 148, 149, 448, 427, 337, 323, 307 and 302 of the Indian Penal Code, and Section 27 of the Arms Act, against the named accused persons and investigation was taken up. After investigation the police submitted the charge-sheet in the case.
5. Upon commitment of the case to the Court of Session, charge was framed against the accused appellants for the offences under Sections 148, 302/149, 307/149, 448/149, 427/149 of the Indian Penal Code and also Section 27 of the Arms Act, and upon the accuseds' pleading not guilty and claiming to be tried, they were put to trial. In course of trial, ten witnesses were examined on behalf of the prosecution, including the I.O., and the Doctor, who had conducted the post-mortem examination on the dead body of the deceased. The Doctor, examining the injuries of the informant and his family members, has not been examined, nor any injury report has been proved. Out of the material witnesses examined, P.W.-7 Gullo Mahto, who is the neighbour of the informant, has turned hostile and has not supported the prosecution case, whereas P.W.-6A Rina Devi, the daughter-i
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