Jharkhand High Court
Ravi Das vs The State Of Jharkhand on 18 May, 2023
Bench: Sujit Narayan Prasad, Subhash Chand
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No.200 of 2023
Ravi Das ...........Appellant
Versus
The State of Jharkhand .......Respondent
With
Cr. Appeal (D.B.) No.193 of 2023
Babu Sardar @ Vijay Singh @ Babu ...........Appellant
Versus
The State of Jharkhand .......Respondent
With
Cr. Appeal (D.B.) No.295 of 2023
Bhaklu Mahato @ Bablu Mahato ...........Appellant
Versus
The State of Jharkhand .......Respondent
With
Cr. Appeal (D.B.) No.311 of 2023
Niranjan Mahato ...........Appellant
Versus
The State of Jharkhand .......Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE SUBHASH CHAND
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For the Petitioner :Mr. R.S. Mazumdar, Sr. Advocate
Mr. A.K. Kashyap, Sr. Advocate
For the State :Mr. Pankaj Kumar, P.P.
Mrs. Priya Shrestha, Spl. P.P.
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05/Dated: 18 May, 2023
th
Per : Subhash Chand, J.
I.A. No.3904 of 2023 [in Cr. Appeal(D.B. No.200/2023], I.A. No.4230 of 2023 [in Cr. Appeal(D.B. No.193/2023], I.A. No. 3801 of 2023 [in Cr. Appeal(D.B. No.295/2023] and I.A. No.3802 of 2023 [in Cr. Appeal(D.B. No.311/2023] 2
1. Since all these interlocutory applications have arisen out of the same impugned judgment and, as such, they are being heard together and disposed of by this common order.
2. The instant interlocutory applications have been filed on behalf of the appellants/convicts for bail during pendency of the present criminal appeal which have been preferred against the impugned judgment of conviction dated 17th January, 2021 and order of sentence dated 21st January, 2023 passed in S.T. Case No.88 of 2012 by the learned Additional Sessions Judge-IV, Jamshedpur, whereby and whereunder the appellants have been convicted for the offence under Sections 147, 148, 149, 323/149, 302/149 and 201/149 of the Indian Penal Code and sentenced accordingly.
3. The prosecution version which led these appeals is that the informant--Ramvilash Paswan gave the written information with the police station concerned with these allegations that on 5th September, 2011 on the occasion of Ganesh Pooja, the dance programme was going on at Domuhani Basti, Somari and for watching the programme, the informant, his son Sashi Paswan, Vijay Paswan, Sonu Nishad, Ranjan Karmkar and others also went there. One little boy performed dance in that programme and being pleased from the same, the son of the informant Sashi Paswan went to the dance stage to give him prize and after having given the prize, when he was getting down from the dance stage at 20:30 hours, one Chunnu Singh Sardar assaulted to his son Sashi Paswan with the brick, whereby his son fell down 3 at some distance and thereafter Chunnu Singh Sardar, Sanjay Baniya, Lakhinder Mahto, Sonu, Vivek Lohar, Puttu Kalindi, Niranjan and Bhaklu Mahato all armed with sword, Bhujali assaulted to his son. The informant, Vijay Paswan, Panchu Gorain and Chotu Lohar all came to rescue but all the accused persons on the point of sword, bhujali and pistol frightened them. Thereafter, the informant and others fled away from there. The informant made call to the police and when the police came there then the informant and others started to search his son Shashi Paswan, in the meantime, they saw blood stain and on the basis of the same, they reached towards river side, where his dead body was taken out from the river and there were several injuries caused by sword, bhujali and stone as well on the body of the deceased. On this written information, the Sonari P.S. Case No.101 of 2011 was registered against the eleven named accused and others.
4. The I.O. after having concluded the investigation filed the charge- sheet against the eight accused persons and the trial court after concluding the trial passed the impugned judgment of conviction and sentence against all the charge-sheeted accused.
5. Learned counsel for the appellant(s) have submitted that one of the co-convict, namely, Vivek Lohar has already been enlarged on bail after suspending the sentence vide order dated 12th April, 2023 passed in Cr. Appeal (D.B.) No.207 of 2023 by this Court and the role of all the co-convicts/appellants is identical to that of 4 co-convict, Vivek Lohar. It is further submitted that the appellants/co-convicts has been assigned general and omnibus role. Accordingly, contended to suspend the impugned judgment of conviction and order of sentence passed by the learned trial court.
6. Learned A.P.P.s appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the appellants and contended that co-convict, namely, Vivek Lohar has been granted bail on the ground that the eye-witness, P.W.-4 in his statement had denied the identity of Vivek Sharma @ Vivek Lohar. On this sole ground, he was granted bail but the said witness i.e., P.W.-4 had identified all the other convicts i.e., the appellants herein, as such, the advantage of the parity cannot be given to the present appellants.
7. We have heard the learned counsel for the parties, perused the documents available on record as also the finding recorded by the learned trial court in the impugned judgment.
8. P.W.-1 Kamla Devi is the wife of the informant and mother of the deceased. This witness in her testimony stated that after having heard hulla, she reached at the place of occurrence and saw Vivek, Basu Bagti, Niranjan Mahato, Bablu Mahto and others, whose names she was not recollecting, were assaulting to her son. This witness identified the accused--Ravi Das, Bablu, Niranjan Mahto, Vivek, Sonu, Basu Bagti and Lakhinder. This witness in cross-examination also stated that her house was at 5 the distance of 100 yards from the place, where the programme was going on and having heard hulla she reached there. After ten minutes, the accused persons were dragging to the body of her son and the river was at the distance of 100 yards from the place of occurrence.
9. P.W.-2 Bigan Paswan @ Bijay Paswan in his statement supported the prosecution story and stated that he along with his elder brother Ramvilash Paswan, his nephew Shashi Paswan, Ravi Paswan, Chotu Karmkar and others persons of basti had gone to watch the dance programme on the occasion of Ganesh Pooja. Having been pleased from the dance performance of children, his nephew Shashi Paswan went to the stage to give them prize and when he was getting down from the stage Chunnu Singh Sardar assaulted him with the stone. Thereafter Chunnu Singh Sardar, Ravi Das, Vivek Lohar, Sanjay Baniya, Lakhinder Mahato, Niranjan Mahato, Bhuklu Mahato @ Bablu, Babu Sardar and Puttu Kalindi had assaulted him with bhujali, sword and stone. When they came to rescue, all the accused persons frightened them on the point of weapon. His elder brother went to the police station to inform and the police came there and the dead body of Shashi Paswan was recovered on the clue of mark of the blood from the place of occurrence to river and from the river the dead body was brought out. This witness also identified Vivek Lohar, Niranjan Mahato, Babu Sardar and Bhuklu @ Bablu in the dock.
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This witness in his cross-examination stated that since all the accused persons were of the same basti, so he very well recognize them. His nephew Shashi had gone to jail earlier also in a case of murder. The occurrence took place in his presence when the accused persons were dragging the body of his nephew. The police had come at the place of occurrence after half an hour and the dead body was recovered in between 12 to 1 o' clock of night from the river. He also stated that he told the name of Vivek Lohar to the police.
10.P.W.-4 Ramkalp Singh Munda in his statement corroborated the prosecution story and stated that Ravidas, Sanjay Baniya, Lakhinder and Basu, who were at the stair case of the stage asked Sashi Paswan to get down and altercation took place. Ravidas, Sanjay Baniya, Lakhinder and Basu all began to assault Shashi Paswan, who intruded in the room of a house and the all the accused persons after having broken the door, brought him out of the room and thereafter assaulted him. Ravidas had given the assault with a bolder of 5 k.g. which hit at the head of Shashi Paswan and took him towards the river dragging from the place of occurrence. This witness identified the accused Lakhinder and Basu Bagti who were present in the Court and he further stated that he does not recognize the rest of the accused. The rest of the accused were, Vivek Kumar Sharma, Niranjan Mahato, Babu Sardar and Bablu Mahato. This witness also stated that at the time of occurrence 7 he remained at the place of occurrence. In cross-examination this witness stated that the accused persons dragged Shashi Paswan and he did not make effort to rescue. There are so many cases pending against Shashi Paswan and it was the very reason that the police was also having a vigil eye upon Shashi Paswan. The accused Sanjay Baniya and Sonu Singh have died. This witness also stated that he does not recollect whether he has given statement to the police in regard to breaking of door of the room from where Shashi Paswan was brought out and assaulted by Ravidas with bolder.
11. P.W.-5 Dr. Akhilesh Kumar Chaudhary had conducted the postmortem of the deceased Shashi Paswan and found the following ante mortem injuries on his body :-
a. Scratches i. Scratches :- Extensive dragging in whole back. ii. Multiple on the face.
iii. Multiple inside the right arm and in front. iv. In side the left knee.
b. Sharp Cut i. 3 cm x 3 cm oral cavity, horizontal on the right upper face and chin of the face was broken.
ii. 1 cm x ½ cm canonical cavity on in right side of forehead. iii. 1 cm x 1/4th cm x skin deep till the eyebrow of left eye. iv. 3 cm x ½ cm x deep skin in the middle of the face in vertical.
c. Lacerated wound i. On the face and forehead 2 cm x 8 cm x skin muscle deep over left forehead.
ii. 3 cm x 3.5 cm x 2.5 cm x canonical cavity and nozzle deep cavity along root of nose and left orbit with fracture of underline nozzle and adjustant scalp bones. iii. 5 cm x 5 cm x oral cavity deep along center of lip and lower jaw with fracture of lower jaw bone and up rooting of underline teeth incissors and canines face and scalp depressed from front.
d. Contusion i. 12 cm x 6 cm over right mid chest front. e. External Inury i. Soft tissue under the skin over entire scalp contused and except for occipital scalp bones all other scalp and facial bones fracture to pieces. Braine lacerated and contused. ii. Body of sternum fractured."8
12. P.W.-6 Savita Devi also corroborated the prosecution story and claimed herself to be the eye-witness of the occurrence. During cross-examination, she stated that she had identified accused Bhoklu Mahato and Niranjan Mahato and she could identify other two accused by face but did not know their names. In cross- examination, this witness stated that upon hearing hulla, she was waiting at her house with the object that she would go along with other persons of the locality. She is not aware whether Niranjan Mahato has filed any case against her husband Karu Paswan.
13. P.W.-7 Ramvilas Paswan is the informant of the case and he has proved the contents of the written information corroborating the prosecution story. In cross-examination, this witness says that they did not make effort to rescue Shashi Paswan. He could recognize all the accused persons, if brought before him. He is aware that three cases were lodged against his son Shashi Paswan with the police station Sonari. It is wrong to say that in the occurrence, Niranjan Mahato and Bhoklu Mahato were not present.
14. P.W.-8 Chotu Karmakar also supported the prosecution story, who claimed himself to be the eye-witness and he identified Puttu Kalindi, Vivek Lohar and Lakhinder Mahato in the dock and stated that Babu Sardar and Niranjan Mahato were present at the time of occurrence. Vivek Lohar was assaulting with danda. He told to the police that Vivek Lohar was in the occurrence 9 along with other accused. Shashi Paswan had gone to jail many times.
15. P.W.-10 Nand Kishore Ram, the Investigating Officer in his statement stated that he took over the investigation of this case. He received the information in the police station and after making the entry of the same went to the place of occurrence. He recovered the dead body of the deceased from the river on the basis of the mark of the blood from the place of occurrence upto the river. He recorded the fard beyan of the informant and thereafter he also recorded the statement of the witnesses. This witness in paragraph 17 has stated that he took accused Ravidas and Sanjay Baniya on remand and on their confessional statement recovered the lathi and danda used in the occurrence. Witness--Kamla Devi had given him statement that she was at the house and she came to know from other persons of the village that her son Shashi Paswan had been assaulted. She (Kamla Devi) did not say that she had seen the occurrence from her own eye.
Witness-- Vijay Paswan had not told him that when Shashi Paswan was getting down from the stage after having given the prize, Chunnu Sardar had assaulted with stone to Shashi Paswan, who fell down at some distance. This witness says suo moto that he had named all the eleven named accused in his statement. Vijay Paswan has not told him with which weapon the accused persons assaulted.
10This witness did not say to him that they went to rescue and all the accused persons frightened them on the point of weapon and also by opening fire. This witness told him that when he came to rescue, he was also chased with the fear and he fled away. The witness Ramkalp Singh Munda (P.W.-4) did not tell him that Ravidas, Sanjay Baniya, Babu Bagti and Lakhinder had assaulted to Shashi Paswan.
All the witnesses had told him that Vivek Sharma and Vivek Lohar is the one and same person, accordingly, he filed charge- sheet against Vivek Sharma. Nothing was recovered on the basis of the confessional statement and pointing out of the accused persons during investigation. The seized sword was not produced in the court.
16. From the testimony of all the above witnesses, it is found that all the accused persons, against whom the charge was framed by the learned trial court, had assaulted to Shashi Paswan in prosecution of common object. No specific role has been assigned to any of the convict. The general and omnibus role has been attributed to all the convicts who had committed murder in prosecution of common object, as such, the role of all the appellants/co-convicts is identical to that of co-convict, namely, Vivek Sharma @ Vivek Lohar, who has already been granted bail by this Court.
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17. In view of the discussions made hereinabove, we are of the considered view that the appellants are entitled to be released on bail after keeping the sentence in abeyance.
18. Accordingly, the appellants, above named, are directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the court concerned in connection with Sessions Trial Case No.88 of 2012, arising out of Sonari P.S. Case No.101/2011, corresponding to G.R. Case No.1871 of 2011.
19. Accordingly, the instant interlocutory applications being I.A. Nos.3904, 4230, 3801 and 3802 of 2023 stand disposed of.
20. However, any observation made in this order will not prejudice the issue on merit, since, the criminal appeals are pending before this Court for its consideration.
(Sujit Narayan Prasad, J.) (Subhash Chand, J.) Rohit Pandey/-