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IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Appeal (S.J) No. 844 of 2025

…

Sonu Kumar Giri @ Son Giri ……Appellant

Versus

The State of Jharkhand ……Respondent

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Appellant : Mr. Nasim Akhtar, Advocate

For the State : Mr. Pankaj Kumar Mishra, APP

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07/29.01.2026 Learned counsel for the appellant has submitted that the

provisional bail of the appellant may be confirmed in the light of

the order dated 25.08.2025 passed by the learned Trial Court.

2. It appears that despite personal appearance of the Deputy

Commissioner, Dhanbad and the Senior Superintendent of Police,

Dhanbad on 12.12.2025, the State has not taken proper step

although they have filed their counter-affidavit.

3. It appears that the sentence of the appellant has been

passed on the lower side by the learned Trial Court although the

appellant has been convicted under Sections 307, 323 and 341 of

IPC, however, a lesser sentences of Simple Imprisonment for three

(03) years, SI for one (01) year and SI for one (01) month have

been imposed upon the appellant.

4. The Hon’ble Supreme Court in the case of “Jage Ram and

Ors. Versus State of Haryana” reported in (2015) 11 SCC 366,

“State of Madhya Pradesh Versus Kanha and Omprakash” reported

in (2019) 3 SCC 605, in the case of “Shoyeb Raja Versus State of

Madhya Pradesh and Others” reported in 2024 SCC Online SC

2624 and in the case of “State of Himachal Pradesh Versus

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Shamsher Singh” reported in 2025 SCC Online SC 807 has held

that in order to attract Section 307 of IPC, it is not necessary that

the hurt should be grievous or of any particular degree. If hurt of

any nature is caused and it is proved that there was intention or

knowledge to cause death, Section 307 IPC would stand attracted.

Even proof of grievous or life-threatening hurt is not a sine qua

non for offence under Section 307 of the Indian Penal Code and

intention of the accused can be ascertained also from actual injury

and surrounding circumstances e.g. nature of weapon used and

severity of blows inflicted.

5. It appears that the District Administration is completely

silent on the question of challenging the judgment/sentence passed

by the learned Trial Court despite the personal appearance of the

Deputy Commissioner, Dhanbad and Senior Superintendent of

Police, Dhanbad on 12.12.2025.

6. In the instant case charges were framed against the

appellant for the offences under Sections 307/34, 323/34, 341/34

and 504/34 of IPC alongwith one Amit Giri @ Golu Kumar Giri.

7. The learned Trial Court has recorded the finding at Para-8

that PW5- Ruma Devi (i.e. Informant-Victim) had deposed that

Golu Kumar Giri (acquitted by the learned Trial Court) and Sonu

Kumar Giri (i.e. the appellant) assaulted her with iron rod upon her

head due to that her head was fractured and she had fell down and

bleeding had started from her head. The learned Trial Court has

committed error in spelling of “failed down”. Even she has also

stated that her son Monu Mahtha was assaulted who also fell down

and become unconscious. She further stated that even both the

accused including the appellant assaulted her husband by iron rod

upon his head due to which her husband also fell down.

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8. In Para-17 of the judgment, the Court below has further

referred to the injury report of injured Ruma Devi (i.e. the

Informant), Atul Chandra Mahta (i.e. husband of the Informant)

and Monu Mahta (i.e. son of the Informant) and has referred to the

injury reports as follows:

“Para-17: Upon the body of Ruma Devi

i) Stitched wound on scalp (3cm long),

ii) Swelling of right little finger, Advice to

following investigation and found result: C.T.

Scan Brain- Normal Study. X-ray Right Hand-

AP & Lat view- Shows Fracture of shaft of

proximal phalanx of little finger (Health MAP

PMCH 05.03.2017) Caused by- Hard & Blunt

substance. Opinion- Grievous in nature. Age of

injury within 6 hours.

Upon the body of Atul Chandra Mahtha

:-i) Stitched wound on scalp (5 cm long),

Advice to following investigation and found

re