The absence of concrete evidence linking the appellant to the alleged crimes led to the conclusion that his conviction for serious offences was unjustified under law.

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. Heard Mr. Shiv Kumar Singh, learned counsel appearing for the appellant and learned P.P. assisted by learned A.P.P.

2. The instant criminal appeal has been directed against the judgment of conviction dated 24.08.2018 and the order of sentence dated 01.09.2018 passed by Additional Sessions Judge-III, West Singhbhum, Chaibasa in S.T. No.147 of 2012, whereby and whereunder the appellant has been held guilty for the offences under sections 302/149, 307/149, 353/149 and 148 of Indian Penal Code and sentenced to undergo imprisonment along with fine of Rs.5,000/- under section 302/149 of IPC along with default stipulation; R.I. for 1 year and a fine of Rs.500/- under Section 379/149 of IPC along with default this stipulation; R.I. for 7 years along with fine of Rs.2,000/- under section 307 of IPC along with default stipulation; R.I. for 1 year under section 148 of IPC and R.I. for 1 year under section 353 of IPC. All sentences are directed to run concurrently.

Factual Matrix

3. Factual matrix giving rise to this appeal is that the informant the then O/C. of Manoharpur Police Station received a confidential information vide memo No.4565 dated 23.09.2010 for taking part in an operation “Black Thunder” against prohibited moistest organization, which is active in Saranda Forest Range, West Singhbhum, Chaibasa and a training camp of Maoists was going on in Saranda Forest Range. Therefore, 8 groups of Arms Forces were formed for executing above operation under the leadership of Additional Police of Superintendent, West Singhbhum, Chaibasa along with CRPF Kobra, C/7 and Jharkhand Jaguar Police Force. It is further alleged that they proceeded from Rourkella side on 24.09.2010 at about 9:30 pm for the operation. The member of operation team started searching training center of the prohibited organization and reached in Saranda forest area and at about 12:00 noon on 26.09.2010, they reached in between the village Thalkobad and Tirilposi, before Tirilposi nearly forest hillock, the extremists started firing indiscriminately by their sophisticated weapons. The member of the operation party warned them against firing through loud voice but they did not stop from firing nor they surrendered before the police personnels rather they started abusing and threatening and also commanding their members by taking name Jonshon, Habil Purty, Habil Cherwa, Nelson, Bimal and other comrades to take position from left side and Muslim, Xavier along with their groups were directed to take position from right side, the women comrades were also ordered to take position. After this order, the informant party also heard saying that Maoists “OK Nirmal Da”, we are taking our position. Thereafter, all the Maoists started continuously firing over the police party. In defence, the police party also started firing as per order of Additional S.P. In the meantime, the police Jaimal Singh, who belongs to CRPC Kobra saw an extremist moving from one position to another position then he entered in the zone of the extremist showing his bravery. In the whole of night, firing and counter firing continued and on 27.09.2010 at about 4 am, striking party No.1 along with S.I. Suresh Ram, O/C Gua, S.I. Chakravarty Kumar Ram along with CRPF Kobra, Jharkhand Jaguar came from village Gundijora to help them. Thereafter, at about 5:30 am, the fire was stopped by the extremists and the police personnel moved forward and saw some extremists were running from the camp. It is alleged that two of the extremists were caught by the police forces, who disclosed their name as Dursona Bodra S/o- Late Manishg Bodra and S