Become a member

Get the best offers and updates relating to Liberty Case News.

― Advertisement ―

spot_img
HomeHigh CourtJharkhand High CourtBeni Singh vs The State Of Jharkhand on 25 August, 2025

Beni Singh vs The State Of Jharkhand on 25 August, 2025

Jharkhand High Court

Beni Singh vs The State Of Jharkhand on 25 August, 2025

Author: Rongon Mukhopadhyay

Bench: Rongon Mukhopadhyay

                                               2025:JHHC:25105-DB


 IN THE HIGH COURT OF JHARKHAND AT RANCHI
       Criminal Appeal (D.B.) No. 440 of 2002

[Against the Judgment of conviction dated 19.06.2002 and Order of
sentence dated 20.06.2002 passed by learned Additional Sessions
Judge, Fast Track Court, Gumla, in Sessions Trial No. 255 of 1988]

1. Beni Singh.
2. Tejan Singh.
   Both are sons of Alkho Singh.
3. Ganpati Bhagat @ Lerhe Bhagat, Son of Gondra Bhagat.
4. Ram Nath Ram @ Ram Nath Rautiya, Son of Andha Ram
   Rautiya.
5. Budhan Ram @ Budhan Ram Rautiya, Son of Jhomar
   Rautiya.
6. Dhanpat Bhagat @ Houla Bhagat, Son of Gondra
   Bhagat.
            All are residents of Village - Uru, Police Station
   - Chainpur, District - Gumla.
                              ...       ...     Appellants
                        Versus
The State of Jharkhand         ...      ...     Respondent
                              .....

For the Appellant No. 2 : Mr. Sunita Kumari, Advocate.
For the Appellant Nos. 3, 5 & 6 : Mr. K.S. Nanda, Advocate
For the State : Mr. Vishwanath Roy, Spl.P.P.
…….

P R E S E N T
HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
…..

Reserved On : 01.08.2025 Pronounced On : 25/08/2025

Per Pradeep Kumar Srivastava

1. Affidavit filed by the State reveals that appellant No. 1

namely, Beni Singh and appellant no. 4 namely, Ram

Nath Ram @ Ram Nath Rautiya have died during

pendency of this appeal.

2. Therefore, the appeal, so far as appellant no. 1

namely, Beni Singh and appellant no. 4 namely, Ram
1
2025:JHHC:25105-DB

Nath Ram @ Ram Nath Rautiya is concerned, stands

abated.

3. Now, the appeal is heard with respect to appellant

nos. 2, 3, 5 & 6 namely, Tejan Singh, Ganpati Bhagat

@ Lerhe Bhagat, Budhan Ram @ Budhan Ram

Rautiya and Dhanpat Bhagat @ Houla Bhagat.

4. The instant criminal appeal is preferred by the above-

named appellants for setting aside the judgment of

conviction and order of sentence dated 19.06.2002 /

20.06.2002 passed by learned Additional District &

Sessions Judge, Fast Track Court, Gumla in Sessions

Trial No. 255 of 1988, whereby and whereunder, the

appellants have been held guilty for the offence

punishable under Section 302 of the I.P.C. and

sentenced to undergo rigorous imprisonment for life.

Appellants have further been held guilty for the

offence under Section 148 of the I.P.C. and sentenced

to undergo R.I. for three years and appellant no. 2,

Tejan Singh has also been held guilty for the offence

under Section 324 of the I.P.C. and sentenced to

undergo R.I. for three years. All the sentences were

directed to run concurrently.

5. The factual matrix giving rise to this appeal is that the

informant Jivnath Singh (P.W.-6) lodged the F.I.R.

2

2025:JHHC:25105-DB

(Exhibit-7) at Chainpur Police Station stating inter

alia that on 06.05.1988 (Friday), his son Baijnath

Singh, aged about 25 years, went to Kashir Bazar and

at around 6:00 P.M., informant’s son was returning to

home and reached near the house of Budhan Ram

Rautiya (appellant no.5). Meanwhile, hearing hulla,

the informant along with his wife and other family

members came out of the house and reached near the

place of occurrence and saw that Beni Singh

(appellant no. 1) (since deceased) with the help of axe

and Tejan Singh (appellant no. 2) armed with tabela,

Budhan Ram Rautiya (appellant no. 5), Ram Nath

Ram Rautiya (appellant no.4) (since deceased), Lerhe

Bhagat, Hauwa Bhagat armed with lathi were

assaulting to informant’s son, Baijnath Singh.

It has further been alleged that informant along

with his family members tried to save their son, but

Tejan Singh assaulted the informant’s son by tabela

causing injury on his right eye and shoulder.

It has further been alleged that due to

indiscriminating assault given by axe, tabela and

danda, the informant’s son died on the spot. The

motive behind the occurrence is alleged that there

was some money dispute regarding cutting and selling

3
2025:JHHC:25105-DB

of Sakhuwa tree from Patkona Pahar in between his

son and Beni Singh. Tejan Singh is the brother of

Beni Singh. Other accused persons are friends and

supporter of Beni Singh.

6. The above information was given by the informant at

police station along with Village Choukidar and other

villagers on 07.05.1988 at around 9 A.M. Accordingly,

Chainpur P.S. Case No. 10/1988 was registered for

the offences under Sections 147, 148, 324, 302 of the

I.P.C.

7. After conclusion of investigation, charge sheet was

submitted against the aforesaid appellants. The case

was committed to the court of Sessions, where S.T.

No. 255/1988 was registered. The accused persons

denied the charges leveled against them and claimed

to be tried, therefore, trial proceeded.

8. In course of trial, altogether sixteen witnesses were

examined by the prosecution.

Apart from oral testimony of witnesses, following

documentary evidence have been adduced by the

prosecution:-

Exhibit-1 : Carbon copy of inquest report.


     Exhibit-1/1       : Signature of witnesses on inquest
     & 1/2               report.

                            4
                                     2025:JHHC:25105-DB



Exhibit-2      : Signature of informant on the
                 FIR.

Exhibit-2/A    : Signature of witnesses on FIR.
& 2/B

Exhibit-2/C    : Signature of Officer-in-Charge on
                FIR.

Exhibit-3      : Statement of Janak Ram Rautiya
                 recorded  under   Section 164
                 Cr.P.C.

Exhibit-3/a     Statement of Smt. Sumitra Devi
                recorded  under   Section 164
                Cr.P.C.

Exhibit-3/b    : Statement of Sarita Devi recorded
                 under Section 164 Cr.P.C.

Exhibit-3/c    : Statement   of     Sawmi      Devi
                 recorded  under     Section   164
                 Cr.P.C.

Exhibit-4      : Seizure list.

Exhibit-4/A, : Signature of witnesses on seizure
4/B & 4/C list.

Exhibit-5      : Seizure list.

Exhibit-6      : Post-mortem Report.

Exhibit-7      : F.I.R.

Exhibit-8      : Written requisition by police
                 officer for medical examination of
                 Jiwanath Singh.

Exhibit-9      : Injury report of injured Jiwanath
                 Singh.

                        5
                                                      2025:JHHC:25105-DB



     Exhibit-10            : Map   of    place      of    occurrence
                            prepared by I.O.



9. On the other hand, the case of defence is denial from

occurrence and false implication due to dispute or

enmity between Beni Singh and deceased regarding

cutting and selling of Sakhuwa tree as claimed by the

prosecution. No oral or documentary evidence has

been adduced by the defence.

10. The learned trial court, after evaluating and

scrutinizing the evidence led by the prosecution

recorded the finding of guilt of accused persons for

the aforesaid offences and sentenced them as stated

above.

11. We have heard the arguments of learned counsel for

the appellant nos. 2, 3, 5 & 6 as well as learned

Spl.P.P. for the State and perused the record of the

case along with impugned judgment of conviction and

order of sentence in the light of submissions of

respective parties.

12. Learned counsel appearing for the appellants has

strenuously argued that the impugned judgment of

conviction and order of sentence of the appellants is

erroneous and beyond the weight of evidence available

6
2025:JHHC:25105-DB

on record and non-consideration of vital aspects of

the case. Learned counsel for the appellants has

pointed out following grounds of objection against the

impugned judgment:-

(i) All the witnesses are interested and close relative

of the deceased and none of them have seen the

occurrence, but projected themselves to be eye

witness of the occurrence.

(ii) The prosecution has miserably failed to prove the

genesis and manner and place of occurrence,

which was never appeared in front of house of

appellant – Budhan Ram Rautiya.

(iii) The informant himself admitted that at the time

of occurrence, except the deceased, all the family

members were in the house, but the mother,

brother and sisters of the deceased have

improved their testimony by saying that they

were also returning along with deceased and the

occurrence took place in their presence on

06.05.1988 at about 6 P.M., but no information

was given to Police or any of the Villagers about

the said occurrence and the FIR was lodged in

the next day morning i.e. on 07.05.1988 at about

9 A.M. without any explanation.

7

2025:JHHC:25105-DB

(iv) It is admitted that the deceased had gone to

market along with his friends and the name of

three friends have been disclosed by the

witnesses, who have not been examined by the

prosecution.

(v) The evidence of prosecution witnesses also does

not find corroboration from post mortem report

of the deceased, wherein all the injuries are

found to be caused by sharp cutting weapon like

tangi, none of the injuries have been opined to be

caused by tabela or any hard and blunt

substance like lathi.

(vi) The prosecution has also failed to prove the

motive behind the occurrence as alleged in the

FIR.

(vii) There is no iota of evidence at all that all the

appellants have conjointly perpetrated in the

alleged occurrence with any common intention or

at any point of time, they have formed any

unlawful assembly or there was any common

object in prosecution of which, the occurrence

was caused by the members of unlawful

assembly.

8

2025:JHHC:25105-DB

(viii) The trial court has also not framed charge for the

offence under Section 302 of the I.P.C. against all

the appellants with aid of Section 34 or Section

149 of the I.P.C. There is no whisper about

presence of any of the common object of the

appellants as defined under Section 141 of the

I.P.C.

(ix) In alternative, it is argued that all the injuries

caused to the deceased are found to be incised

wound, but there is no whisper that different

weapons were used in causing such injuries.

There are direct evidence for causing injuries by

axe against the Beni Singh and the informant

has sustained simple injuries by tabela caused

by appellant Tejan Singh and who has been

separately punished for offence under Section

324 of the I.P.C. and actually undergone three

years imprisonment during trial of the case.

Since, there was no injury caused by lathi to any

of the injured, therefore, allegation against other

appellants namely, Ganpati Bhagat @ Lerhe

Bhagat, Ram Nath Ram @ Ram Nath Rautiya,

Budhan Ram @ Budhan Ram Rautiya and

Dhanpat Bhagat @ Houla Bhagar is palpably

9
2025:JHHC:25105-DB

false and fabricated story. The prosecution has

also failed to bring on record any motive behind

the occurrence against other appellants. The

main assailant Beni Singh has been died and

Tejan Singh has undergone imprisonment of

three years for the offence under Section 324 of

the I.P.C., therefore, this appeal is fit to be

allowed by setting aside the impugned judgment

of conviction and order of sentence of the

appellants.

13. Per contra, learned Spl.P.P. opposed the aforesaid

contentions raised on behalf of the appellants and

submits that the learned trial court has very wisely

and in threadbare manner analyzed the evidence led

by prosecution and arrived at right conclusion. There

is no reason to disbelieve the testimony of witnesses

examined in this case. The role played by the

appellants has been proved by prosecution to the hilt.

There is no illegality or infirmity in the impugned

judgment, calling for any inference in this appeal,

which is devoid of merit and fit to be dismissed.

14. The only point for consideration in this appeal as to

whether the impugned judgment of conviction and

order of sentence of appellants suffers from any error

10
2025:JHHC:25105-DB

of law, calling for any interference by way of this

appeal?

15. We have gone through the evidence adduced by the

prosecution along with record of the case and the

impugned judgment in the light of submission of the

respective parties.

16. It appears that admittedly occurrence took place on

06.05.1988 at about 6 PM, but the FIR was lodged on

07.05.1988 at about 9 AM. It is admitted in FIR that

at the time of occurrence, the informant along with

his wife, daughter-in-law, daughter was present in the

house and after hearing hulla came out from their

house and proceeded near the house of Budhan

Rautiya and saw that the accused persons were

assaulting to his son Baijnath Singh by tangi, tabela

and lathi, due to which, he died on the spot.

17. P.W.-1 : Smt. Shawani Devi is the wife of the

informant-cum-mother of the deceased. According to

her evidence, on the date of occurrence at about 7:00

PM, she had gone to Kashir market along with her son

Baijnath Singh. She was returning from market along

with her son, who was at some distance behind her.

She also saw Beni Singh, Tejan Singh, Ganpati Singh,

Ram Nath Rautiya, Budhan Rautiya and Dhanpat

11
2025:JHHC:25105-DB

Bhagat in the way to her home, who were at saying

that they have to kill Baijnath Singh. Therefore, she

returned to home and again along with her grandson,

daughter-in-law and daughter went near Tirmarukh

river and saw that her son was coming along with his

friends and when they were about to reach their

home, meanwhile, Ram Nath Singh and Budhan

Singh stopped them and attempted to assault by

danda, which was warded off by her, then the

accused persons started assaulted her son Baijnath

Singh. She has specifically stated that Beni Singh has

axe, Tejan Singh with tabela and other accused

persons armed with danda. The occurrence took place

in front of house of Budhan Ram. She has denied any

motive behind the occurrence as alleged in the FIR.

In her cross-examination, she has also claimed

that Beni Singh gave first assault by axe to her son

and other accused persons were assaulting by lathi

and tabela. In her cross-examination, she also states

that when her son fell down due to sustaining

injuries, she did not go there to see the injuries.

18. P.W.-2 : Sewak Baiga is a hearsay witness, who

heard hulla and went towards the house of Budhan

and saw the dead body of Baijnath Singh. He also

12
2025:JHHC:25105-DB

states that father and mother of the deceased were

present there, but none of them disclosed about the

assailant of the deceased.

19. P.W.-3 : Smt. Sumitra Devi is the sister of the

deceased. She has corroborated the testimony of her

mother (P.W.-1) stating that her mother returned from

the market and saw that accused persons were

desiring to kill Baijnath, then she along with her

mother and other family members went at the place of

occurrence and saw the accused persons were

assaulting her brother, but she has not stated any

specific overt act against any of the accused persons.

20. P.W.-4 : Sarita Devi is the wife of the deceased. She

has given a different story stating that her mother-in-

law returned from Kashir market and told that

Budhan Ram is concealing himself to assault Baijnath

Singh. She has also given a different story as an eye

witness that when she along with her family members

reached near the house of Budhan Ram, they saw

that Budhram and Ram Nath on the point of danda

have stopped her husband and also assaulted by

danda. Her husband warded off the danda blow from

his hand, then Beni Singh, Tejan Singh, Haba Oraon

and Lehre Oraon also arrived there. She further states

13
2025:JHHC:25105-DB

that Beni started assaulting by tangi and Tejan by

tabela to her husband, Ledhe, Budhan, Ram Nath

and Haba were assaulting by danda. Her husband fell

on the earth and died on the spot.

In her cross-examination, she has further given a

new fact that her mother-in-law and husband had

also gone to market. When her mother-in-law

returned, then she started cooking.

21. P.W.-5 : Musa Lakra is a witness of inquest report

and proved his signature on inquest report, marked

as Exhibit-1/1 and signature of another witness

Ishwar Sahay Kujur as Exhibit-1/2.

22. P.W.-6 : Jiva Nath Singh is the informant. According

to his evidence, his wife and son had gone to market.

He along with his daughter-in-law and elder daughter

were present in the house. His wife returned from

market and told that accused persons are planning to

kill their son, then he along with other family

members went towards the house of Budhram Oraon,

which is situated adjacent to his house. According to

his evidence, Beni Singh gave axe blow to his son

Baijnath and Tejan Singh assaulted by tabela. When

he wanted to save his son, Tejan Singh also assaulted

him by tabela causing injuries near ear and other

14
2025:JHHC:25105-DB

accused persons assaulted by lathi. His son died on

the spot.

23. P.W.-7 : Javir Oraon is the formal witness, who has

proved the statements of witnesses Janak Ram

Rawatiya, Smt. Sumitra Devi and Smt. Sarita Devi

and Shawani Devi, which is marked as Exhibit-3 to

3/C. He appears to be not a competent witness to

prove the aforesaid statements.

24. P.W.-8 : Onkar Nath Sinha, Judicial Magistrate, 1 st

Class, Deoghar, who recorded the statement under

Section 164 of the Cr.P.C. and has proved Exhibit-3

to 3/C, earlier marked as Exhibits.

25. P.W.-9 : Arawat Singh is a witness of seizure list

Exhibit-4 & 4/a. According to his evidence, the police

has seized the slipper in front of house of Jhagru

Rautiya and blood-stained earth and seizure list was

prepared.

26. P.W.-10 : Mohan Singh is another witness of seizure

list, who has proved his signature as Exhibit-4/b.

27. P.W.-11 : Nathanial Kuzur is another witness of

seizure list, but he has denied any seizure in his

presence and only proved his signature on seizure

list, marked as Exhibit-5.

15

2025:JHHC:25105-DB

28. P.W.-12 : Ishwar Sahani Kuzur has been tendered

for prosecution and not supported the prosecution.

29. P.W.-13 : Balkumar Ram has stated that on the date

of occurrence at about 8:00 PM, he was taking dinner,

meanwhile, he heard hulla in the village and the

villagers called him, then he went near the house of

Jhagru Rautiya, where he saw the dead body of

Baijnath Singh. He has further stated that Jiv Nath

Singh (informant) told him that Tejan Singh, Beni

Singh, Budhan Khetia, Ram Khetia, Ledhe Bhagat

and Haba Bhagat have assaulted to Baijnath Singh.

He has proved his signature on the FIR marked as

Exhibit-2/a. Admittedly, he was not the eye witness of

the occurrence.

30. P.W.-14 : Chotan Munda has also proved his

signature on the FIR as Exhibit-2/b and not an eye-

witness of the occurrence, rather declared hostile by

the prosecution.

31. P.W.-15 Dr. Raj Kumar Beck has conducted autopsy

on the dead body of Baijnath Singh, aged about 25

years on 08.05.1988 at about 11:00 AM and then

found following:-

(i) Incised wound 2.1/2″ x ¾” x ½” on the occipital

region.

16

2025:JHHC:25105-DB

(ii) Incised wound 3″ x 1″ x 1.1/4″ on the right

upper side of neck with cutting carpeted vessels

artery and vein.

(iii) Incised wound 2″ x ½” x ¾” on left upper side of

the neck.

(iv) Incised wound 1.1/2″ x ½” x ½” on the chin.

(v) Incised wound 3″ x ½” x ¾” above the left

scapular side.

All the above injuries were ante mortem in

nature and injury no. (ii) was grievous and the

rest were simple in nature. All the injuries were

caused by same sharp cutting instrument e.g.

Tangi and Tabela. Injury No. (ii) was sufficient to

cause death in ordinary course of nature; cause

of death shock and hemorrhage as a result of

above injuries. He has proved the post mortem

report as Exhibit-6. He has specifically admitted

in his cross-examination that above injuries

cannot be caused by lathi. He has also failed to

state as to above injuries were from same

weapon or by different weapon.

32. P.W.-16 : S.I. Ram Pukar Singh is the Investigating

Officer of the case. He has proved the FIR as Exhibit-

7. After registration of FIR, he undertook the charge of

17
2025:JHHC:25105-DB

investigation of the case. He recorded re-statement of

the informant and interrogated other witnesses and

also obtained injury report and post-mortem report of

the deceased. He went to the place of occurrence and

prepared inquest report in presence of witnesses and

also seized slipper, blood-stained earth in presence of

witnesses from the place of occurrence, which is

marked as Exhibit-4. He also prepared sketch map of

place of occurrence, marked as Exhibit-10. He also

obtained post mortem report of the deceased.

According to him, place of occurrence is situated in

front of house of accused Budhan Ram and Ram Nath

Rautiya.

In his cross-examination, he has admitted that

witness Shawani Devi (P.W.-1), mother of the

deceased has stated before him that on 06.05.1988

(Friday) at about 7 PM, she was in her house.

Similarly, informant Jiva Nath Singh has stated

before him that his son had gone to Koshir Bazar on

Friday and at about 7 PM, he was returning to home

then he heard alarm of his son and he along with his

wife, daughter-in-law and daughter went there. It is

further stated that at the time of occurrence,

informant along with his wife, daughter-in-law and

18
2025:JHHC:25105-DB

daughter were present in the house. The seized

materials have not been produced and marked as

material exhibits.

33. From the aforesaid discussions of ocular testimony of

the witnesses, it is apparent that out of total 16

witnesses examined in this case by the prosecution

only P.W.-1, Smt. Shawani Devi, P.W.-3, Smt.

Sumitra Devi, P.W.-4, Sarita Devi and P.W.-6 Jiva

Nath Singh have claimed to be eye-witness of

occurrence and all other witnesses are either

witnesses of inquest, seizure list, hearsay and

Investigating Officer and Doctor. It is also quite

obvious that the aforesaid eye witnesses are close

relatives of the deceased.

There is clear cut version in the FIR, which has

been lodged by none else, but father of the deceased,

that at the time of occurrence, informant along with

his wife, daughter and daughter-in-law were present

at their home at about 6 PM. They heard hulla from

their house raised by son of informant coming from

the house of Budhan Ram. They rushed there and

saw that Beni Singh was assaulting to his son by axe,

Tejan Singh by tabela and other accused persons

were assaulting by lathi. They attempted to save their

19
2025:JHHC:25105-DB

son, but Tejan Singh also assaulted by tabela to

informant, causing injuries on his right eye and

shoulder. The son of the informant sustained severe

injuries and died on the spot. The motive for crime is

attributed against Beni Singh regarding money

dispute in respect of cutting and selling of Sakhuwa

tree from Patkona Pahar. The FIR was lodged after

lapse of 15 hours from the occurrence. Although, the

police station is alleged to be situated at a distance of

35 km., but there is no iota of evidence from any

corner as to from the time of said occurrence, where

dead body of deceased was lying and who was taking

care of the dead body.

34. The version contained in the FIR as regards manner of

occurrence, place of occurrence and attributability of

assault against the appellants suffers from material

contradictions in the evidence of ocular testimony of

witnesses. The claim of informant that he has also

suffered injuries by tabela caused by Tejan Singh, but

no injury report has been proved by Medical Officer,

rather Exhibit-8 & 9 is marked on evidence of I.O. The

post mortem report of the deceased (Exhibit-6) also

shows that all the injuries are incised wounds caused

by sharp cutting weapon and none of the injuries

20
2025:JHHC:25105-DB

have been caused by lathi as alleged by the witnesses.

There is also no evidence at all as to all injuries

sustained by deceased have been caused by same

weapon or by different weapon. P.W.-1 has stated that

she had also gone to market with her son and

returned earlier to him where in the way she saw

accused persons were talking to eliminate her son,

but she without making any response straight

forward returned to her home and thereafter went

near Trimarukh river along with her daughter-in-law,

grandson and daughter. Therefore, she has given

serious jolt to the evidence of her husband (P.W.-6) ,

who has also improved the version contained in the

FIR and stated that his wife returned from the market

and told that the accused persons are intending to kill

his son, then he went to the house of Budhan Ram

where incident was going on. He also sustained

injuries caused by tabela by Tejan Singh while

rescuing his son. P.W.-3 Sumitra Devi, sister of the

deceased and P.W.-4 Sarita Devi, wife of the deceased

have also given different story regarding manner of

occurrence. It further transpires that except in the

FIR, no motive of occurrence has been assigned

against appellants.

21

2025:JHHC:25105-DB

35. We further find that the seized materials of this case

e.g. slipper, blood-stained earth were not sent for

chemical examination to FSL to corroborate the

prosecution story regarding origin of blood stains

either blood of deceased or the accused persons. The

same has not been produced as material exhibits.

36. We further find that the learned trial court has failed

to consider as regard to any unlawful assembly

constituted by the appellants and what was its object.

There is also no whisper that all the appellants have

acted in a concerted manner. The learned trial court

has also failed to consider that all the injuries caused

by sharp cutting weapon. The ocular testimony of

witnesses appears to be inherently unreliable in view

of self-contradictory statements given by them as

regards manner of assault and the place of

occurrence. Under such circumstances, the testimony

of relative / partisan witnesses requires to be

corroborated from some independent source, which is

absolutely lacking in this case. The cumulative effect

of circumstances proved by the prosecution clearly

leads to conclusion that none of the witnesses have

seen the occurrence on the fateful date, rather after

murder of the deceased, they have come to know

22
2025:JHHC:25105-DB

about the occurrence on the next day morning and

went to police station and lodged the FIR at 9:00 AM.

The appellants have been implicated in this case only

on the basis of suspension which never culminated

into legal prove of the occurrence.

37. In view of aforesaid discussion and reasons, we are of

the firm view that the learned trial court has failed to

properly appreciate the material aspects of the case

and wrongly placed reliance upon the testimony of the

alleged eye witnesses, who happens to be close

relative of the deceased. Although there is no legal

impediment to convict the accused persons on the

basis of testimony of related witnesses, but at the

same time, their testimony requires to be considered

very cautiously and sparingly. Any reasonable doubt

appearing in the evidence of witnesses to disbelieve

their testimony is sufficient to discard their evidence.

In the instant case, the testimony of eye witnesses

suffers from inherent improbabilities, material

contradictions and improvements as regards the very

genesis, manner and place of occurrence, which does

not find corroboration from any independent source.

Therefore, we are constrained to hold that the

prosecution has miserably failed to substantiate the

23
2025:JHHC:25105-DB

charges leveled against the appellants and the learned

trial court has convicted the appellants on the basis of

improper evaluation of evidence. Accordingly, we set

aside the impugned judgment of conviction and

sentence of the appellants.

38. This appeal is allowed and the appellants are

acquitted from the charges leveled against them.

Appellants are directed to be set at liberty forthwith.

39. Appellants are on bail, as such, they are discharged

from the liability of bail bonds and sureties are also

discharged.

40. Pending I.A., if any, stand disposed of.

41. Let a copy of this judgment along with trial court

record be sent back to the court concerned for

information and needful.

(Rongon Mukhopadhyay, J.)

(Pradeep Kumar Srivastava, J.)

Jharkhand High Court, Ranchi
Dated, the 25 t h August, 2025.

Sunil /N.A.F.R.

24



Source link