IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 1101 of 2005 -----

(Against the judgment of conviction and order of sentence dated 18.08.2005 passed in Sessions Trial No. 54 of 2004 arising out Adityapur (R.I.T) P.S. Case No. 03 of 2004 corresponding to G.R. Case No. 8 of 2004 by Sri Tarkeshwar Prasad, Sessions Judge, Seraikella - Kharsawan)

Rajesh Lohar son of Bir Singh Lohar, resident of village Barbil, Police Station Saraikella, District- Saraikella- Kharsawan. --- --- Appellant Versus The State of Jharkhand --- --- Respondent …....

For the Appellant : Mr. Jitendra Nath Upadhayay, Advocate Mr. Mayank Kumar, Advocate Mr. Rahul Kumar, Advocate Ms. Harshikha Kumari, Advocate For the State : Mr. Jitendra Pandey, A.P.P.

PRESENT HON’BLE MR. JUSTICE RAJESH KUMAR

J U D G M E N T

18.11.2025

1. Heard learned counsel the appellant and learned A.P.P.

representing the State.

2. Learned counsel for the appellant at the outset has submitted that co-convict Bablu Lohar, who had preferred Cr. Appeal (SJ) No. 1213 of 2005 has died during pendency of the criminal appeal and his case has been disposed of as abated vide order dated 22.06.2022 3. The present appeal has been preferred against the judgment of conviction and order of sentence dated 18.08.2005 passed in Sessions Trial No. 54 of 2004 arising out Adityapur (R.I.T) P.S. Case No. 03 of 2004 corresponding to G.R. Case No. 8 of 2004 by the learned Sessions Judge, Seraikella-Kharsawan, whereby the appellant along with co-convict namely Bablu Lohar have been convicted for the offence under Section 307 of the IPC and they have been sentenced to undergo R.I. for 7 years along with a fine of Rs. 1000/- each and in default thereof, they have been further directed to undergo S.I. for 3 months.

4. The criminal law has been put into motion on lodging an F.I.R being Adityapur (R.I.T.) P.S. Case No. 03 of 2004 by the informant Suru Pradhan on 02.01.2004 at Sidhesh Nursing Home, Adityapur Ward No. 17 at 12.30 P.M to Md. Salim, Sub Inspector of R.I.T.

Police Station.

The brief story as per the prosecution is that the informant was working as Supervisor at Soma Electric Products Factory, whose owner is Jai Kumar Jain. He has further stated that three months back prior to Durga Puja one Rajesh Lohar, appellant herein, who was working as a casual labour there was granted three days leave by the owner of the factory but he returned after one week and asked the informant to keep him on work. Since the owner was not present at that time, the informant asked him to wait for the owner to come. However, the said Rajesh Lohar went away. Again on 31.12.2003 at about 5.00 P.M. the said Rajesh Lohar along with his associates came to the factory and asked for the informant Suru Pradhan. On seeing him, Rajesh Lohar and Bablu Lohar along with other boys, whom he did not identify, assaulted him. Rajesh Lohar and Bablu Lohar assaulted him with Iron angle and fled away. The informant has stated that the cause of assault is because Rajesh Lohar was not kept as casual labour. After the occurrence the owner was informed telephonically by the other labourers and the informant was taken to Sidhesh Nursing Home for his treatment where he gave his fardbeyan, which was recorded as Adityapur (R.I.T.) P.S. Case No. 03 of 2004. Thus the F.I.R is against two known and two unknown person. The allegation of assault by Iron Rod was against both co-convict i.e., the appellant Rajesh Lohar and other convict Bablu Lohar.

5. On the basis of the investigation, the Police submitted the chargesheet against the appellant. Thereafter cognizance has been taken and the case was committed to the Court of Sessions.

6. Accordingly, the charge under Sections 307 of the IPC was framed against the appellant who pleaded not guilty and claimed to be tried.

7. To substantiate the allegations altogether eight prosecution witnesses have been examined:

I. P.W.1-Suru Pradhan, who is informant of the case and has supported the case of the prosecution. P.W.1