Shankar Manjhi vs The State Of Jharkhand on 29 July, 2026

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    Jharkhand High Court

    Shankar Manjhi vs The State Of Jharkhand on 29 July, 2026

                                                                       2026:JHHC:22508
    
    
    
    
                   IN THE HIGH COURT OFJHARKHAND AT RANCHI
                          Cr. Appeal (S.J.) No. 857 of 2005
                                      ---------
         [Against the judgment of conviction and order of sentence dated 12.07.2005 &
         13.07.2005 passed by the learned Addl. Sessions Judge, F.T.C.-II, Bokaro in
         S.T. No. 57 of 2004.]
    
                                           ---------
     1. Shankar Manjhi
     2. Arjun Manjhi @ Arjun Kumhar
        Both are Sons of Habu Kumar Manjhi.
     3. Gunadhar Manjhi, son of late Makhan Manjhi
     4. Amar Manjhi, son of Gouri Manjhi
     5. Durga Charan Manjhi, son of Gouri Manjhi
     6. Sapan Manjhi, son of Gouri Manjhi
     7. Ananta Manjhi, son of late Dhomu Manjhi,
      All are residents of Village- Pipar Kudar, P.S.- Chandankiyari, Dist.-
      Bokaro.                                            ......Appellants
                                      Versus
     The State of Jharkhand                              .... Respondent
                                      ---------
                                    PRESENT
     CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
                                           ---------
     For the Appellants           : Mr. A. K. Sahani, Advocate
     For the Resp.-State          : Mr. Bishambhar Shastri, A.P.P.
     For the informant            : Mr. Sanjay Kumar, Advocate
                                          -----------
                                        JUDGMENT
    

    CAV On: 02nd July, 2026 Pronounced On: 29/07/2026

    1. Heard learned counsel for the appellants, learned A.P.P. as well as

    SPONSORED

    learned counsel appearing for the informant.

    2. Instant criminal appeal is directed against the judgment and order

    of conviction and sentence dated 12.07.2005 / 13.07.2005 passed by the

    learned Addl. Sessions Judge, F.T.C.-II, Bokaro in S.T. Case No. 57 of

    2004, whereby and whereunder, the appellants have been convicted for

    the offences punishable under Sections 147, 436, 307/149 of the I.P.C.

    and sentenced to undergo R.I. for 7 for the offence under Section

    307/149 of the I.P.C.; R.I. for 5 years under section 436/149 I.P.C. and
    R.I. for two years under Section 147 I.P.C. alongwith the fine of Rs.

    500/- each with default stipulation.

    Factual Matrix:-

    3. Factual matrix giving rise to this appeal is that on 18.08.2003 at

    about 2:00 P.M., the informant alongwith his brother was taking lunch

    in his house. In the meantime, accused Santosh Manjhi, Shankar

    Manjhi, Ranjit Manjhi, Arjun Manjhi, Sitaram Manjhi, Gunadhar

    Manjhi, Ananta Manjhi, Bhagirath Manjhi, Meghan Manjhi, Amar

    Manjhi, Durgacharan Manjhi, Sapan Manjhi and Biru Manjhi

    surrounded his house and set fire in the house of Ashwini Manjhi. It is

    further alleged that Santosh Manjhi caught hold of Ashwini Manjhi and

    Ananta Manjhi assaulted him by spade on his head due to which, he

    became unconscious. Then, the accused tried to catch informant also but

    he climbed on the roof of the house and closed the iron grill and saved

    himself. Thereafter, the accused persons fled away. The motive behind

    the occurrence was previous litigation between the parties in G.R. Case

    No. 648/1997, which was still pending in the Court and the accused

    persons were compelling the informant parties to compromise or

    withdraw the said case, to which they had declined.

    4. On the basis of above information of the informant, F.I.R. being

    Chandankiyari P.S. Case No. 79 of 2003 dated 18.08.2003 was

    registered for the offence under Sections 147, 148, 149, 436, 452, 307 &

    326 of the I.P.C.

    5. After completion of investigation, the charge-sheet was submitted

    against 8 accused persons and after taking cognizance, the case was

    committed to the court of Sessions, where S.T No. 57 of 2004 was

    registered.

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    6. The appellants have denied the charge levelled against them and

    claimed to be tried.

    7. In the course of trial, altogether 9 witnesses were examined by the

    prosecution apart from following documentary evidence:-

    I. Exhibit-1: Fardbeyan

    II. Exhibit-2: Injury report

    III. Exhibit-3: Seizure list

    IV. Exhibit-4 – 4/2: three sheets of C.T. Scan report

    V. Exhibit-5 – 5/3 : Four sheets of prescriptions

    8. On the other hand, the defence has also examined two witnesses,

    namely, DW-1 Bishwajeet Patra and DW-2 Dr. Akhilesh Sharma and

    also proved Ext.- A: Certificate issued by DW-1, Ext.-B to B/1:

    prescription written by Dr. Akhilesh Sharma and certificate given by

    him; Ext.-C: certified copy of final report laid down in the Court against

    the accused Bhagirath Manjhi, Santosh Manjhi, Ranjeet Manjhi,

    Sitaram Manjhi and Biru Manjhi.

    9. The learned Trial Court after scrutinizing the evidence oral as well

    as documentary led by the respective parties, arrived at definite

    conclusion about the guilt of the appellants for the aforesaid offences

    and sentenced them accordingly as stated above, which has been

    assailed in this appeal.

    Submission on behalf of appellants:-

    10. Assailing the impugned judgment, the learned counsel for the

    appellants has vehemently argued that the most important witness of

    this case is PW-5 injured Ashwini Manjhi, who has specifically stated

    about the overt act by Santosh Manjhi who caught hold of him and

    spade blow was given to him by accused Ananta Manjhi (Appellant no.-

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    7). No specific overt act has been attributed against any other of the

    appellants. The common object of all the appellants is stated to be

    setting fire in the house of the informant’s brother-cum-injured of this

    case and it is not proved conclusively that house of the injured was

    burnt. The investigating officer has also not collected any burn articles

    or noticed anything at the place of occurrence showing that the house of

    injured Ashwini Manjhi was set on fire. Therefore, the very common

    object is not proved in this case. Hence, the other appellants cannot be

    attributed with common object for assaulting the informant’s brother. At

    the spur of moment, Santosh Manjhi and Ananta Manjhi might have

    formed common intention to assault the informant’s brother and spade

    blow was given only by Ananta Manjhi, for which other appellants

    cannot be made responsible with the aid of Section 149 of the I.P.C. It is

    further submitted that the investigating office has admitted in his

    evidence that no food grains, clothes or other property kept in the house

    were found burnt and these articles were not produced during trial,

    hence, the charge under Section 436 I.P.C. has not been proved beyond

    doubt against the accused persons. The learned Trial Court has failed to

    record any findings as regards formation of any unlawful assembly by

    the appellants with any specific object, in prosecution of which, they

    acted in concerted manner as defined under Section 141 I.P.C.

    Therefore, conviction for the offence under Section 147 and for other

    substantive offence with aid of Section 149 is not justified under law. It

    is further submitted that no independent local villagers have

    corroborated the prosecution story regarding setting fire in the house of

    the informant’s brother by the accused persons. The injured has also

    sustained a single blow injury by spade on his head on the spur of

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    moment and he had undergone treatment for approx one month. The

    nature of injury though has been opined to be grievous in nature, but

    required intention and knowledge to constitute the offence under

    Section 307 is absolutely lacking in this case. The nature of injury

    sustained by brother of the informant through single spade blow clearly

    indicates that it is grievous in nature caused by hard and sharp cutting

    weapon, therefore, falls under Section 326 of the I.P.C., that is only

    against appellant no. 7. The appellant nos. 1-6 deserve acquittal from

    the charges levelled against them and their conviction and sentence is

    absolutely illegal and based upon improper appreciation of evidence

    available on record.

    In the alternative, it is argued that the occurrence took place in the

    year 2003 and there was previous dispute in terms of litigation between

    the parties, which furnished motive for the occurrence. The appellant

    no. 7 Ananta Manjhi has assaulted the injured, who is aged about 59

    years as per his Aadhar and other appellants are also aged between 60-

    70 years except appellant no. 2. One accused namely Meghnath Manjhi

    has died during the pendency of this appeal. The fine amount has been

    deposited before the concerned learned Trial Court. It is the first offence

    of the appellant and they have no criminal background. Hence, instead

    of awarding substantive sentence of imprisonment to the appellant no. 7,

    he may be extended the benefit of Section 4 of the Probation of

    Offenders Act, 1958.

    Submission on behalf of State:-

    11. Learned A.P.P. has opposed the aforesaid contentions raised by

    learned counsel for the appellants and defending the impugned

    judgment has submitted that the learned Trial Court has very wisely and

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    aptly considered the overall aspects of the case and the testimony of

    ocular witnesses, who have categorically proved the charges levelled

    against the appellant beyond all reasonable doubt. The appellants

    forming an unlawful assembly have acted in concerted manner in

    execution of their common object to give murderous assault to Ashwini

    Manjhi and they also set fire in the house causing damages to his

    property. Therefore, there is no reason to interfere with the impugned

    judgment, which suffers from no illegality or infirmity. This appeal is

    devoid of merits and fit to be dismissed.

    Analysis, Reasons and Decision:-

    12. I have gone through the record of the case along with the impugned

    judgment and order in the light of the contentions raised on behalf of

    both side.

    13. The only point for consideration in this appeal is, as to whether the

    impugned judgment of conviction and sentence suffers from any serious

    error or law calling for any interference or not?

    14. Before adjudicating the above point, it is pertinent to apprise with

    the testimony of the witnesses examined during trial.

    PW-1 Naveen Manjhi is nephew of injured Ashwini Manjhi.

    According to his evidence, he was studying on the roof of his house on

    18.08.2003 at about 1:30 to 2:00. He saw that Ananta Manjhi, Bhagirath

    Manjhi, Gunadhar Manjhi, Sitaram Manjhi, Ranjeet Manjhi, Arjun

    Manjhi, Shankar Manjhi, Meghan Manjhi, Biru Manjhi, Durga Manjhi,

    Amar Manjhi, Sapan Manjhi, Santosh Manjhi armed with lathi and

    spade surrounded the house of his elder father Ashwini Manjhi from

    three sides and set fire in the house. When Ashwini Manjhi started to

    flee away, Santosh Manjhi caught hold of him and Ananta Manjhi gave

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    spade blow on his head due to which he fell down. The accused persons

    also rushed towards Mantu Manjhi but he closed the gate and climbed

    over the roof of his house and saved himself. The motive behind the

    occurrence was pending criminal case between the parties, to which the

    accused persons were pressurizing to compromise or withdraw the case,

    which was denied by the informant party. This witness has been

    examined at length.

    He admits in his cross-examination that accused Santosh Manjhi is

    in government service at Pathardih but he does not know where he

    works. He has denied the suggestion of defence that Bhagirath Manjhi,

    Ranjeet Manjhi, Biru Manjhi and Sitaram Manjhi were not present in

    the village at the relevant date and time of occurrence and their names

    have been given due to previous enmity.

    PW-2 Kuber Manjhi is the son of injured Ashwini Manjhi. He has

    stated that the accused persons armed with lathi and farsa, surrounded

    his house from three corners and set fire in the house. His father went

    out from the house, then Santosh Manjhi caught hold of his father and

    Ananta Manjhi gave farsa. His uncle save himself by closing the gate

    and climbed over the roof of the house.

    This witness also retrains in his cross-examination that he himself

    has seen the occurrence. He further admits that western side of the

    house made of phus was burnt to ashes. His father was admitted to

    Chandankiyari hospital, where he got treatment. This witness has denied

    the suggestion of defence that due to previous enmity, his uncle and

    father have falsely implicated the accused persons.

    PW-3 Subhadra Devi is wife of the informant. She has also

    claimed to be eye witness of the occurrence. She has also stated the

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    name of all the accused persons, who set fire in the house of Ashwini

    Manjhi and also rushed towards her husband for assaulting him but he

    saved himself by closing the door and climbing over the roof of the

    house. Previous pendency of a case is the motive behind the occurrence.

    There is nothing in her cross-examination to rebut the aforesaid

    testimony.

    PW-4 Gandhari Devi has also stated that the accused persons

    surrounded the house of her Bhaisur, Ashwini Manjhi and set on fire.

    Her Bhaisur was assaulted by Tangi blow given by Ananta Manjhi

    while Santosh Manjhi caught hold of him. The occurrence took place

    due to previous pendency of a case between the parties.

    In her cross-examination, she has admitted that she does not know

    as to which side of the house was set on fire. She has also stated that

    paddy, rice, clothes and bed sheets were burnt and seizure list was

    prepared by the police but she has not signed on the aforesaid list as it

    was not prepared in her presence.

    PW-5 Ashwini Manjhi is the sole injured in this case. According

    to his evidence, on 18.08.2003 at about 1:30 to 2:00 P.M., he was taking

    lunch in his house and his wife and sons were also present. In the

    meantime, his house was surrounded by accused persons, namely,

    Santosh Manjhi, Ranjeet manjhi, Arjun Manjhi, Sitaram Manjhi,

    Gunadhar Manjhi, Meghan Manjhi, Bhagirath Manjhi, Shankar Manjhi,

    Ananta Manjhi, Amar Manjhi, Durga Charan Manjhi, Sapan Manjhi and

    Biru Manjhi, who set on fire from three sides of his house. Due to fear,

    he fled away towards the house of his brother Mantu Manjhi but in the

    way, he was caught hold by Santosh Manjhi and Ananta Manjhi gave a

    spade blow on his head due to which he fell down and became

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    unconscious. He has also shown cut mark of his injuries on head during

    his evidence. This witness has further stated that he regained

    consciousness after 20-22 days at Bokaro General Hospital. Still his

    treatment is going on and he visits the doctor in each month. He further

    states that a case was earlier lodged against the accused persons, which

    is still pending and the accused persons were pressurizing him to

    withdraw or compromise the earlier case, to which he declined, then this

    occurrence took place.

    He also reiterates in his cross-examination that due to fire set on his

    house, household utensils, clothes, food grains were burnt alongwith

    door of the house and other articles. Seizure list of burnt materials were

    prepared by the police. This witness has been examined at length but

    nothing has been elicited by defence to rebut his aforesaid testimony.

    He has denied the suggestion of defence that due to fall from roof of his

    house, he has sustained his injuries and due to previous enmity,

    involved the accused Ananta Manjhi for assaulting him and setting on

    fire of his house.

    PW-6 Mantu Manjhi has also constantly corroborated is earliest

    version contained in his written report and stated that on 18.08.2003 at

    about 2:00 P.M., he was in front of his door and his brother Aswini

    Manjhi was taking lunch. Suddenly, his co-villagers, namely, Santosh

    Manjhi, Ranjeet manjhi, Arjun Manjhi, Sitaram Manjhi, Gunadhar

    Manjhi, Meghan Manjhi, Bhagirath Manjhi, Shankar Manjhi, Ananta

    Manjhi, Amar Manjhi, Durga Charan Manjhi, Sapan Manjhi and Biru

    Manjhi surrounded house of his brother Aswini Majhi and set on fire.

    When his brother was fleeing away and reached towards the door of this

    witness, in the meantime, Santosh Manjhi caught hold of him and

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    Ananta Manjhi gave spade blow on his head due to which he became

    unconscious. The accused persons also rushed towards him for

    assaulting but he managed to flee away, closed the gate and climbed on

    the roof of his house. The reason of the occurrence is that in the year

    1997, brother of this witness had lodged a case of assault against the

    accused persons bearing G.R. Case No. 648/1997, which was pending in

    the Court of Judicial Magistrate an the accused persons were putting

    pressure for withdrawal or compromise on the above case but his

    brother declined and in protest, this occurrence took place. His brother

    was sent to BGH for better treatment where S.I. Mandan Paswan

    arrived, his fardbeyan was recorded, over which he has proved his

    signature as Ext.-1. He also went alongwith the police to the place of

    occurrence from where the police seized blood stained soil and remains

    of burnt house of his brother. His brother got treatment about 22 days at

    BGH by supply of oxygen. Thereafter, about one week, he also got

    treated and still his treatment is going on by visiting the doctor in each

    month.

    This witness has been cross-examined in detailed but reiterated the

    aforesaid story and there is nothing in his cross-examination to rebut his

    aforesaid testimony or disbelieve his evidence.

    PW-7 Dr. Prabhat has proved injury report of injured Ashwini

    Manjhi, who was examined by him on 18.08.2003 at Bokaro General

    Hospital and found following injuries:-

    I. Lacerated wound scalp 6″ x 1″ x 1″.

    Nature of injury was grievous caused by sharp edged weapon

    of less than two hours. Injury report is marked Ext.-2.

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    He has further stated that the patient was referred to Dr. N.K. Das for

    Neurological treatment.

    In his cross-examination, he has stated that lacerated wound is

    caused by hard and blunt object and incised wound was is caused by

    sharp edge weapon.

    PW-8 S.I. Madan Paswan is the investigating officer of this case.

    He has also recorded fardbeyan of the informant Mantu Manjhi (PW-6)

    at Bokaro General Hospital which is Ext.-1. Fardbeyan was sent to

    Chandankiyari P.S. for registration of the case. He assumed charge of

    investigation and recorded re-statement of the informant. Since injured

    was unconscious at that time, hence, he could not take his statement. He

    went to the place of occurrence, where he recorded statement of

    witnesses namely Subhadra Devi, Gandhari Devi, Kuber Manjhi, Naveen

    Manjhi and Janardhan Manjhi and inspected the place of occurrence. The

    place of occurrence of this case is mud tiled roof house of Ashwini

    Manjhi comprising one courtyard. Towards east, there is house of Pravir

    Manjhi. He found the house of Ashwini Manjhi was burnt. He also

    noticed that injured at the time of occurrence was taking lunch and food

    articles were scattered from plate. The second place of occurrence of this

    case is southern door, house of Mantu Manjhi (informant), where the

    injured had rushed for saving himself but he was caught hold by Santosh

    Manjhi and Ananta Manjhi gave spade blow on his head. He also noticed

    huge quantity of blood at the place of occurrence. He seized blood

    stained soil, burnt particles, ashes and half burnt bamboo, etc. from the

    place of occurrence in the presence of witnesses namely Dhelu Manjhi

    and Baliram Manjhi. He has proved seizure list as Ext.-3. Thereafter, he

    recorded statement of witness Bibhishan Manjhi and also arrested the
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    accused Bhagirath Manjhi and further interrogated witnesses namely,

    Guhi Ram Manjhi, Ishwar Manjhi, Duryodhan Manjhi, Gambhir Manjhi,

    Subodh Manjhi and Ashok Manjhi. He also went to Bokaro General

    Hospital on 26.08.2003 but the injured Ashwini Manjhi was fighting

    between death and life and was put under oxygen supply. He has

    recorded the statement of injured Ashwini Manjhi on 25.03.2004. He has

    also interrogated with independent witnesses, namely, Nepal Manjhi,

    Prem Manjhi, Taniram Manjhi, Lakhan Manjhi and Nimai Manjhi.

    In his cross-examination, he states that after completion of

    investigation, he found no sufficient evidence against the accused

    persons, namely, Bhagirath Manjhi, Ranjeet Manjhi, Santosh Manjhi,

    Sitaram Manjhi and Biru Manjhi and they were not sent up for trial. He

    further admits that injured Ashwini Manjhi has not stated before him that

    when he was taking lunch, his son and wife were present in the house

    with him. He has also not mentioned in the Case Diary whether any

    villagers had come to extinguish the fire set in the house of the injured.

    He has not recorded the statement of any independent eye witnesses of

    the occurrence. He has also not seized any burn house article or food

    grain or utensils in burn or half burn condition from the place of

    occurrence. He has also not mentioned in the Case Diary which part of

    the house was burnt and how many portion of the house was burnt. He

    has not seized blood stained clothes of the injured. He has denied the

    suggestion of defence that his investigation is defective and he has not

    properly investigated the case and without sufficient evidence he has

    submitted charge-sheet against the accused persons.

    PW-9 Dr. Narendra Kumar Das is the head of Neurosurgery

    Department at Bokaro General Hospital. He treated the injured Ashwini
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    Kumar, who had, as per CT scan report, facture in the head and

    haematoma in brain. Doctor has opined that if the patient was not treated

    on time, he would have died. He found haemotoma with blood in right

    parietal region with surrounding oedema and over lying fracture of

    parietal bone. On 15.05.2004, CT scan was done, the report is Ext. 4/2,

    which shows the recovery of the patient. The doctor found mixed density

    lesion on the right fronto parietal cortex, all venticles and basal cisterns

    normal, no mid line shift the bore window setting reveals fracture of

    right fronto parietal bone.

    15. On the other hand, defence has also examined two witnesses.

    DW-1 Biswajeet Patro is the principal of Sardar Patel Public

    School since 25.01.1999. He has proved the certificate issued in favor

    Bhagirath Manjhi, rickshaw puller, who was on duty on 18.08.2003 and

    after closing of school at about 1:50 P.M., he collected primary class

    students and departed to their house till 3:10 P.M. The certificate is

    marked Ext.- A.

    DW-2 Dr. Akhilesh Sharan, medical officer at PHC, Baliapur, has

    deposed that on 18.08.2003 at about 11:50 A.M., he had treated accused

    Santos Kumhar, son of late Habu Kumhar at PHC Baliapur, who was

    suffering from abdomen pain. He also prescribed some medicines and

    issued prescription on the same day and proved his prescription dated

    18.08.2003 as Ext.- B and certificate granted in favor of Santosh

    Kumhar to Ext.- B/1.

    16. I have given anxious consideration to the overall aspects of the case

    and the material evidence available on record.

    17. From the aforesaid discussion of ocular testimony of witnesses, it is

    crystal clear that so far charge under Section 436 I.P.C. is concerned,
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    none of the witnesses has stated as to who has set on fire in the house of

    Ashwini Manjhi (PW-5). The seized materials have also not been

    brought on record as material exhibit rather seizure list simply shows

    that some burnt bamboo and woods were seized. The investigating

    officer has admitted in his evidence that he has not enquired with the

    independent local witnesses and none of the witnesses have stated that

    any person participated in extinguishing the fire set in the house of

    injured Ashwini Manjhi. None of the neighbors have come forward to

    state that how much portion of the house was burnt. Witness Kuber

    Manjhi (PW-2) has stated that towards eastern side of house of injured

    Ashwini Manjhi, some phus and straw were burnt but the injured

    himself has failed to give particulars of the burnt articles like, bed, bed

    sheets, wearing clothes, food grains, house hold utensils, etc. kept in the

    dwelling house. This fact has also not been proved by the investigating

    officer as to which portion of the house and to what extent, the house

    was found burnt and what kind of properties were burnt. At this

    juncture, it is relevant to extract the provision of Section 436 of the

    I.P.C.

    “Section 436-Mischief by fire or explosive substance with
    intent to destroy house, etc.–Whoever commits mischief by fire
    or any explosive substance, intending to cause, or knowing it to be
    likely that he will thereby cause, the destruction of any building
    which is ordinarily used as a place of worship or as a human
    dwelling or as a place for the custody of property, shall be punished
    with [imprisonment for life] or with imprisonment of either
    description for a term which may extend to ten years, and shall also
    be liable to fine.”

    18. In the instant case, there is no concrete evidence available on record

    to establish the ingredients of offence under Section 436 of the I.P.C.
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    The learned Trial Court has simply swayed upon one breath statement

    of the witnesses about setting fire in the house of the injured and

    without any further description. Therefore, the finding recorded by the

    learned Trial Court recording the conviction of the appellants for the

    offence under Section 436 I.P.C. is absolutely unwarranted under law

    and appears to be beyond the weight of evidence available on record as

    discussed above. Therefore, the conviction of all the appellants for the

    offence under Section 436 of the I.P.C. is hereby set aside.

    19. In order to prove an offence under section 307 of I.P.C. the

    essential mensrea to constitute the said offence has to be proved.

    Mensrea can be inferred from the kind of weapon used, nature of injury,

    force used and part of body etc. The onus lies on the prosecution that

    the accused has caused an act with intention or knowledge, and under

    such circumstances that if by such act death was caused, he would be

    guilty of murder.

    In the instant case, the occurrence took place when the injured was

    fleeing away from his house, accused Santosh Manjhi caught hold of

    him and accused Ananta Manjhi (appellant no. 7) gave a spade blow on

    his head due to which he sustained injury on his head. Dr. Prabhat (PW-

    7) has examined the injured and opined the injury to be grievous in

    nature. The injured Ashwini Manjhi was referred to Dr. N. K. Das

    (PW-9) for neurological treatment, where the doctor opined that if the

    injured had not come on time, he might have died. The appellant Ananta

    Manjhi alone has inflicted spade blow. Injuries sustained by the injured

    and manner of assault clearly indicates that the required intention or

    knowledge for constituting the offence under section 307 of I.P.C is

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    proved. Therefore, conviction of the appellant Ananta Manjhi (appellant

    no. 7) for the offence under Section 307 I.P.C. is affirmed.

    20. So far the conviction of other appellants under Section 307 I.P.C.

    with aid of Section 149 I.P.C. is concerned, it appears that in the

    impugned judgment, the learned Trial Court has not whispered a single

    line about formation of unlawful assembly by the accused persons and

    what was their common object rather stretched upon gravity and nature

    of injury sustained by the injured and the involvement of several

    persons in executing the criminal act alleged in this case. The

    observation in concluding para from last line of page 18 to page 19 of

    the impugned judgment is as under:-

    “……… It is not needed that all the member of unlawful assembly
    should participated in assault to Ashwini, rather assault by Ananta
    Manjhi to Ashwini Manjhi (PW-5) with farsa will be treated as
    result of common object of all the members of that unlawful
    assembly and the liabilities of act of Ananta Manjhi goes to other
    accused also. There is no evidence to show that the accused have
    entered in the residential house of either Ashwini (PW-5) or Mantu
    (PW-6), so case under Section 452 I.P.C. against the accused in not
    made out. It has come in evidence that there was a previous case
    pending for trial and the accused were persuading the injured to
    compromise the same. The accused denied so they have assaulted
    him and also tried to assault Mantu (PW-6). In this case, the
    witnesses examined are eye witness. The injury report of injured
    Ashwini Manjhi is corroborated with the medical evidence on
    record and there is no basis to disbelieve the prosecution evidence
    in light of injury of Ashwini Manjhi (PW-5). The prosecution has
    been able to prove the case against the accused persons under
    Sections 147, 436 & 307/149 I.P.C.”

    21. In the present case, though most of the witnesses have remained

    consistent on the point of setting fire in the dwelling house of brother of

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    the informant but material collected during the investigation and

    brought before the Court during trial as material evidence, does not

    prove the commission of the offence under Section 436 I.P.C., hence, all

    the appellants have been acquitted but none of the witnesses has stated

    that whether the unlawful assembly was formed by the appellants for

    assaulting the injured Ashwini Manjhi in such a manner likely to cause

    death. None of the appellants except appellant no. 7 Ananta Manjhi

    have played any role in assault of injured Ashwini Manjhi, even none of

    the accused was holding any weapon. Hence, to bring the name of more

    than five persons due to previous litigation, which is not corroborated

    by the fact and circumstance as proved, cannot be said to be unlawful

    assembly as defined under Section 141 unless the common object is

    proved. The Hon’ble Supreme Court of India in the case of Zainul vs.

    The State of Bihar reported in 2025 SCC OnLine 2152 has held that

    mere physical presence at a crime scene does not automatically make

    someone a member of an unlawful assembly under Section 149 I.P.C.

    Therefore, the conviction of the other accused with aid of Section 149

    I.P.C. is not proper. Hence, conviction of the appellant nos. 1-6 under

    Section 307/149 is set aside.

    22. So far Section 147 of the I.P.C. is concerned, since the prosecution

    has failed to prove the formation of unlawful assembly as discussed

    above, all the appellants are hereby also acquitted from the conviction

    for the offence under Section 147 I.P.C.

    23. In view of the above discussion and reasons, I find merits in this

    appeal. Accordingly, the impugned judgment of conviction and sentence

    of the appellants except appellant no. 7 Ananta Manjhi passed by the

    learned Trial Court is hereby set aside. The conviction and sentence
    17 | P a g e
    awarded to the appellant no. 7 Ananta Manjhi for the offence under

    Section 307 of the I.P.C. is upheld.

    24. Accordingly, this appeal is partly allowed.

    25. Pending I.A.(s), if any, stands disposed of.

    26. All the appellants are on bail. As such, appellant nos. 1 to 6 are

    discharged from liability of their bail bonds and sureties are also

    discharged.

    27. So far the appellant no. 7 Ananta Manjhi is concerned, his bail

    bond is hereby cancelled. He is directed to surrender before the

    concerned Trial Court within two months from the date of this judgment

    and receive the remaining sentence awarded by the learned Trial Court,

    failing which, the learned Trial Court shall take all coercive steps in

    securing the attendance of the appellant and sending him under proper

    conviction warrant to jail custody for undergoing the remaining period

    of sentence awarded to him.

    28. Let a copy of this judgment alongwith the trial Court records be

    sent back immediately to the concerned Trial Court for information and

    needful.

    (Pradeep Kumar Srivastava, J.)
    High Court of Jharkhand at Ranchi
    Dated: 29/07/2026
    Rahul- NAFR
    Uploaded On: 30/07/2026

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