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2023 Supreme(Jhk) 792

IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, AMBUJ NATH, JJ.
Mansa Lohar - Appellant
Versus
The State of Jharkhand – Respondent
Criminal Appeal (D.B.) No. 916 of 2013, Criminal Appeal (D.B.) No. 584, 668, 723 of 2012
Decided On : 13-02-2023

Advocates:
Advocate Appeared:
For the Appellants :Mr. Rohit, Advocate, Mr. Indrajit Sinha, Advocate, Mr. P.P.N. Roy, Senior Advocate
For the Respondent: Mr. B.N. Ojha, A.P.P

The main legal point established in the judgment is the importance of reliable and consistent witness testimony, as well as the need for corroborative evidence to support the prosecution's case.

Headnote:

Murder - Conviction under IPC Section 302 and Arms Act Section 27 - [IPC Section 302, IPC Section 34, Arms Act Section 27] - The court found that the evidence of the prosecution witnesses created fissures in the testimony of the key witness, and the injuries sustained by the deceased did not support the allegations of indiscriminate firing. The judgment of conviction and order of sentence were set aside, and the appellants were acquitted.

Fact of the Case:

The prosecution alleged that the appellants were involved in the murder of two individuals by throwing bombs and firing at them. The key witness, P.W.7, claimed to have witnessed the entire incident.

Finding of the Court:

The court found that the evidence of the prosecution witnesses, including the key witness, created doubts and inconsistencies in the prosecution's case. The injuries sustained by the deceased did not align with the allegations of indiscriminate firing.

Issues: The key issues revolved around the reliability of the prosecution witnesses, the presence of eye-witnesses, and the consistency of the evidence with the allegations.

Ratio Decidendi: The court emphasized that mere presence at the scene of the crime does not elevate a witness to the status of an eye-witness. It highlighted the importance of corroborative evidence and consistency in witness testimony.

Final Decision: The judgment of conviction and order of sentence were set aside, and the appellants were acquitted. The appellant in custody was directed to be released, and those on bail were discharged from their liabilities.

JUDGMENT :

Heard Mr. Rohit, Mr. Indrajit Sinha and Mr. P.P.N. Roy, learned counsels and learned Senior Counsel appearing for the appellants in their respective cases as well as Mr. B.N. Ojha, learned A.P.P. for the State.

2. Since all these appeals arise out of a common judgment they are being disposed of by this common order.

3. These appeals are directed against the judgment of conviction dated 13.04.2012 and order of sentence dated 17.04.2012 passed by Sri Ranjeet Kumar Choudhary, learned Additional Sessions Judge-II, Jamshedpur in S.T. Case No. 79 of 2009, S.T. Case No. 80 of 2009 and S.T. Case No. 81 of 2009, whereby and whereunder the appellant Mansa Lohar and Satish Prasad @ Satish Langra have been convicted for the offences punishable u/s 302 of the IPC and Section 27 of the Arms Act and they have been sentenced to undergo R.I. for life along with a fine of Rs. 10,000/-for the offence u/s 302 of the IPC and R.I. for 03 years for the offence punishable u/s 27 of the Arms Act along with a fine of Rs. 5000/-. The rest of the appellants have been convicted for the offence punishable u/s 302/34 of the IPC and have been sentenced to undergo R.I. for life along with a fine of Rs. 10,000/-. In default of payment of fine imposed for the offence punishable u/s 302 of the IPC all the appellants have to undergo S.I. for 06 months and in default of payment of fine for the offence punishable u/s 27 of the Arms Act, the appellant Mansa Lohar and Satish Prasad @ Satish Langra have to undergo S.I. for 04 months. All the sentences are to run concurrently.

4. The prosecution story in brief is that the informant Mithilesh Pandey had left his house on 29.03.2008 at 8:00 A.M. for the house of his friend Buchu Ghosh and reached at about 8:30 A.M. After having tea, he left with Buchu Ghosh in the Bolero of Buchu Ghosh at 9:00 A.M. to Ramnagar and on reaching started supervising the newly constructed house of Buchu Ghosh. In the meantime, their common friend Raja Chakrabarty who stays at Parsudih came and started conversing with Buchu Ghosh regarding some work. At about 9:20 A.M. all of them went near Road No. 6 where construction of another building was going on. As soon as they reached near Road No. 6, six persons in three motorcycles came and Krishna Rao, Deepak Munda, Mansa Lohar, Munna Ram, Nimai Chandra Agrawal, Satish Langra and Sunil Verma were amongst them. He could also identify Kishun Mukhi. About 03 days back Dablu Seth @ Dablu Agrawal was following him and Buchu Ghosh on a scooter. It has been alleged that Munna Ram throw a bomb on Buchu Ghosh and both Buchu Ghosh and Raja Chakrabarty fell down injured. It has also been alleged that Krishna Rao with a pistol had fired at Buchu Ghosh and Mansa Lohar fired at the stomach of Buchu Ghosh. Nimai Chandra Agrawal made indiscriminate firing upon Raja Chakrabarty. Deepak Munda and Satish Langra had also fired at Buchu Ghosh and Raja Chakrabarty. It has been alleged that previously also Laltu Mahto and Dhananjay Chalak had threatened Buchu Ghosh with dire consequences if they were not given any work by him.

Based on the aforesaid allegations Kadma P.S. Case No. 34/2008 was instituted for the offences punishabe u/s 302, 120B/34 of the I.P.C. and Section 27 of the Arms Act against Krishna Rao, Deepak Munda, Mansa Lohar, Munna Ram, Nimai Chandra Agrawal, Satish Langra, Sunil Verma, Kishun Mukhi, Dablu Seth @ Dablu Agrawal and others. The Police had submitted three separate charge-sheets and after cognizance was taken the cases were committed to the Court of Sessions where separate Sessions Trial were registered being S.T. Case No. 79 of 2009, S.T. Case No. 80 of 2009 and S.T. Case No. 81 of 2009. All the Sessions Trials were amalgamated and tried together. Charge was framed against the accused persons for the offences punishable u/s 302/34 of the IPC while charge was framed against Mansa Lohar and Satish Prasad u/27 of the Arms Act and against Munna Ram @ Munna Chamar u/s 3 of Explosive Substance A

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