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2021 Supreme(Jhk) 225
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SHREE CHANDRASHEKHAR, RATNAKER BHENGRA, JJ.
Karma Oraon - Appellant
Versus
State of Jharkhand - Respondent
Criminal Appeal (D.B.) No. 693 of 2018
Decided On : 09-02-2021
For The Appellant : :Mr. Jitendra S. Singh, Advocate
For The Respondent: Mrs. Nehala Sharmin, APP
The judgment underscores the necessity of establishing the identity and complicity of the accused in a criminal trial, and the importance of reliable and certain evidence to support the charges.
Headnote:
Railway Station Murder - Indian Penal Code, Criminal Law (Amendment) Act, Arms Act - The court analyzed the evidence and found that the prosecution failed to establish the identity and complicity of the accused in the occurrence. The judgment of conviction under section 302 of the Indian Penal Code against the appellant was set aside.
Fact of the Case:
Ajay Kumar Singh, a police constable, was shot by unknown miscreants at a railway station. The prosecution alleged that the accused were involved in the murder and filed charges under various sections of the Indian Penal Code, Criminal Law (Amendment) Act, and Arms Act.
Finding of the Court:
The court found that the evidence presented by the prosecution, including witness testimonies, was unsatisfactory and lacked certainty. The court held that the prosecution failed to prove the charge under section 302 of the Indian Penal Code against the accused.
Issues: The key issue was the identification and complicity of the accused in the occurrence, as well as the sufficiency of evidence to establish the charges brought against the accused.
Ratio Decidendi: The court emphasized the importance of establishing identity and complicity of the accused in a criminal trial, and the need for reliable and certain evidence to support the charges. The court also highlighted the significance of prompt lodging of the First Information Report (FIR) in criminal cases.
Final Decision: The judgment of conviction under section 302 of the Indian Penal Code against the appellant was set aside, and the appellant was ordered to be set free forthwith, if not wanted in connection to any other case.
JUDGMENT :
Shree Chandrashekhar, J.
At Hatia railway station, GRP/Hatia PS Case No. 14 of 2009 was lodged against unknown at 19:45 hrs. on 22.09.2009. Ajay Kumar Singh, a police constable, who was traveling together with Umesh Kumar Rajak was shot by two unknown miscreants at Bakaspur railway station. Afraid, Umesh Kumar Rajak boarded the train which had just staried moving and the co-passengers helped him to hide himself in the compartment. He says that the dead body of Ajay Kumar Singh was put on the train and therefore when the train reached Govindpur railway station he had gone to the other compartment. At Hatia railway station, the inquest was conducted over the dead body of Ajay Kumar Singh by officer-in-charge of Hatia (Rail) police station and fardbeyan of Umesh Kumar Rajak was recorded. In course of investigation statement of the railway employees and others were recorded. As per the prosecution, the Investigating Officer got lead that Ajay Kumar Singh was extorting illegal gratification from few businessmen and at their instance with the help of Guchu Gope, Area Commander of an extremist group, Ajay Kumar Singh was killed. Three witnesses, namely, Munna Singh, Krishna Singh and Ramesh Singh gave their statement to the Investigating Officer on this point. The statements of wife, mother-in-law and father-in-law of Ajay Kumar Singh were also recorded by the Investigating Officer. In course of investigation the Investigating Officer received a secret information about involvement of Karma Oraon, Guchu Gope, Ashok Singh and one boy. Charku Sahu was anested by the police of Kana PS and he suffered a confessional statement in which he disclosed involvement of Karma Oraon in murder of Ajay Kumar Singh. Dr. Tulsi Mahto who conducted the postmortem examination on 23.09.2009 at 02:10 AM has found firearm injuries over left palm, forehead, chest, left shoulder, iliac fossa etc. In his opinion, the injuries were antemortem in nature and the time elapsed since death was 12 (+/- 6) hours from the postmortem.
2. Dr. Tulsi Mahto has found the following firearm injuries on the dead body of Ajay Kumar Singh:
a. Wound of entrance on left palm central region 0.5 cm in diametre (defence wound). The projectile passes through the palm upwards and gets lodged subcutaneously on the dorsal aspect of leftforearm at the junction of upper 2/3 and lower 1/3,Fom where the bullet has been recovered which is designated as bullet no. 1 (1). There is Factures of bones of wrist and palm.
b. Wound of entrance 1 cm in diameter over the right side of forehead. The projectile passes through the Fontal bone and makes an exit wound measuring 2cm x 1 cm over the lateral aspect of left eye. The frontal bone is broken into pieces.
c. Wound of entrance 3cm. x 2cm. on left side of Font of chest in the forth ics. around its middle part and it is surrounded by tatooing measuring 28cm. x 30 cm. on the Font of chest and the adjoining face. The projectile Factures the left cavity enter the right chest cavity, perforest the right lung and gets lodged in the chest wound from were bullet has been recovered from the 6th ics. and is designated as bullet no. 11 (2).
d. Wound of entrance through the left eye ball the projectile passes through the brain and brakes the occipital bone into pieces and makes and exit wound measuring 10cm. x 5cm. on occipital region of head.
e. Two nos. of wounds of entrances over the left shoulder top at a distance of 5cm. apart. The projectile travels towards right and fracture the right clavicle and gets lodged underneath the skin From where a bullet has been recovered and is designated as bullet no. III.(3) another bullet Factures the six to seventh cervical vertebrae and gets lodged there. Where from it is retrieved and is designated as bullet no. IV (4)
F. Wound of entrance on left iliac fossa, 12 cm. from interior superior iliac spine the projectile passes through the left lower abdominal wall and makes and exit wound through the natal cleft left to
