Jharkhand High Court
Soma Tarkot @ Soma Torkot vs The State Of Jharkhand on 25 March, 2026
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay
2026:JHHC:8448-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No.1650 of 2023
[Against the judgment of conviction dated 24.08.2018 and the order of
sentence dated 01.09.2018 passed by Additional Sessions Judge-III, West
Singhbhum, Chaibasa in S.T. No.147 of 2012]
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Soma Tarkot @ Soma Torkot, aged about 62 years, son of Late
Etwa Tarkot, resident of village-Tirilposi, P.O.-Jaraikera, P.S. -
Jaraikella, District-West Singhbhum
.... .... .... Appellant
Versus
The State of Jharkhand .... .... .... Respondent
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For the Appellant : Mr. Shiv Prasad Singh, Advocate
Mr. Peter Martin T.J., Advocate
For the Resp. State : Mr. Pankaj Kumar, P.P.
Mr. Sanjay Kr. Srivastava, A.P.P.
PRESENT
HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
JUDGMENT
——
CAV On 24/02/2026 Pronounce On 25 /03 /2026
Per- Pradeep Kumar Srivastava, J.
1. Heard Mr. Shiv Kumar Singh, learned counsel appearing for
the appellant and learned P.P. assisted by learned A.P.P.
2. The instant criminal appeal has been directed against the
judgment of conviction dated 24.08.2018 and the order of
sentence dated 01.09.2018 passed by Additional Sessions
Judge-III, West Singhbhum, Chaibasa in S.T. No.147 of 2012,
whereby and whereunder the appellant has been held guilty
for the offences under sections 302/149, 307/149, 353/149 and
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148 of Indian Penal Code and sentenced to undergo
imprisonment along with fine of Rs.5,000/- under section
302/149 of IPC along with default stipulation; R.I. for 1 year
and a fine of Rs.500/- under Section 379/149 of IPC along with
default this stipulation; R.I. for 7 years along with fine of
Rs.2,000/- under section 307 of IPC along with default
stipulation; R.I. for 1 year under section 148 of IPC and R.I. for
1 year under section 353 of IPC. All sentences are directed to
run concurrently.
Factual Matrix
3. Factual matrix giving rise to this appeal is that the informant
the then O/C. of Manoharpur Police Station received a
confidential information vide memo No.4565 dated 23.09.2010
for taking part in an operation “Black Thunder” against
prohibited moistest organization, which is active in Saranda
Forest Range, West Singhbhum, Chaibasa and a training camp
of Maoists was going on in Saranda Forest Range. Therefore, 8
groups of Arms Forces were formed for executing above
operation under the leadership of Additional Police of
Superintendent, West Singhbhum, Chaibasa along with CRPF
Kobra, C/7 and Jharkhand Jaguar Police Force. It is further
alleged that they proceeded from Rourkella side on 24.09.2010
at about 9:30 pm for the operation. The member of operation
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team started searching training center of the prohibited
organization and reached in Saranda forest area and at about
12:00 noon on 26.09.2010, they reached in between the village
Thalkobad and Tirilposi, before Tirilposi nearly forest hillock,
the extremists started firing indiscriminately by their
sophisticated weapons. The member of the operation party
warned them against firing through loud voice but they did
not stop from firing nor they surrendered before the police
personnels rather they started abusing and threatening and
also commanding their members by taking name Jonshon,
Habil Purty, Habil Cherwa, Nelson, Bimal and other comrades
to take position from left side and Muslim, Xavier along with
their groups were directed to take position from right side, the
women comrades were also ordered to take position. After this
order, the informant party also heard saying that Maoists “OK
Nirmal Da”, we are taking our position. Thereafter, all the
Maoists started continuously firing over the police party. In
defence, the police party also started firing as per order of
Additional S.P. In the meantime, the police Jaimal Singh, who
belongs to CRPC Kobra saw an extremist moving from one
position to another position then he entered in the zone of the
extremist showing his bravery. In the whole of night, firing
and counter firing continued and on 27.09.2010 at about 4 am,
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striking party No.1 along with S.I. Suresh Ram, O/C Gua, S.I.
Chakravarty Kumar Ram along with CRPF Kobra, Jharkhand
Jaguar came from village Gundijora to help them. Thereafter,
at about 5:30 am, the fire was stopped by the extremists and
the police personnel moved forward and saw some extremists
were running from the camp. It is alleged that two of the
extremists were caught by the police forces, who disclosed
their name as Dursona Bodra S/o- Late Manishg Bodra and
Soma Tarkot S/o-Etwa Tarkot, village-Tirilposi, P.S. Jaraikella,
District-Singhbhum, West at Chaibasa. They also revealed that
they belong to this extremist group from longtime and also
assisted MCC members by providing ration and fixing
explosive. They are also involved in collecting levy and
pasting MCC posters and manufacturing of cane bombs and
fixing land mines etc. It is further alleged that due to absence
of any independent eye-witness at the place of occurrence,
both the apprehended accused persons were lawfully searched
by the police personnels and during search of Dursona Bodra,
one Motorola wireless set and photo Album kept in a bag and
from the possession of Soma Tarkot, explosive substance, 50
meter electric wire, six pencil batteries of torch, 1/2 kg iron
pebbles and a sabbal of iron were recovered. It is further
alleged that from the place of ambush, two mobile sets with
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SIM Nos. 9437518779 and 8895030126 were recovered. During
search, the dead body of Cobra Police No.041543551 Jaimal
Sing also found and his INSAS rifle with cartridges were also
looted by Extremists. After some distance, the dead body of
one unknown extremist was also found, who has sustained
bullet injuries on his chest two bullets fired by the police rifle
bearing No. ARSEL No.cz-6155A along with five live
cartridges in the magazine was found.
4. On the basis of above information, Jaraikella P.S. No.08/2010
was registered for the offence under sections 147,148, 307/149,
302/149, 353, 121, 121A, 122, 120-B, 379, 414 of IPC and section
25(1-B)a/26/27/35 of Arms Act and Section 17 of CLA Act and
Section 10, 13 and 20 of UAP Act and sections 4/5 of Explosive
Substance Act against 25 named accused persons and 100 other
unknown Maoists. After conclusion of the investigation,
charge-sheet No.10/10 dated 25.12.2010 was submitted against
Dursona Bodra and Soma Tarkot due to their custody period
of 90 days was about to expire continuing investigation against
other co-accused persons. One accused, Nalla Bhikshapati was
remanded in this case on prayer of I.O. vide order dated
10.12.2010 from Bandgaon P.S. Case No.27/2010 dated
09.10.2010. A supplementary charge-sheet was submitted
against accused, Nalla Bhikshapati on 10.03.2011 continuing
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the investigation against other co-accused persons. Later on,
accused Marshal Bhuiyan had also surrendered before the
learned Court of Magistrate and he was also charge-sheeted.
Against all the four accused persons, charge-sheet was again
submitted and cognizance of offence was taken vide order
dated 11.01.2012 and their case was committed to the court of
Sessions vide order dated 18.06.2012 keeping continue
supplementary investigation against other co-accused persons.
After commitment of the case of four accused persons to the
court of Sessions, S.T. No.147 of 2012 was registered. The
accused persons denial from the charges and claimed to be
tried.
5. After conclusion of trial, co-accused Marshal Bhuiya, Dursona
Bodra, Nalla Bhikshapati were acquitted extending them to
benefit of doubt and Soma Tarkot (appellant) was held guilty
and sentenced for the offences as stated above.
6. In course of trial altogether, 10 witnesses have been examined
by the prosecution namely:-
P.W. 1-Subodh Kumar Yadav
P.W.2-Mithilesh Tiwari,
P.W.3-Ranjit Minz, informant
P.W.4-Rasmi Kant Pandey
P.W.5-Dr. Bijay Kumar Pandit
P.W.6-Suman Bhagat
P.W.7-Laxmi Mahto
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P.W.9-Bhairo Manjhi
P.W.10-Ramta Prasad Singh
7. Apart from oral evidence the prosecution has adduced the
following documentary evidence, which are as under:-
Ext.1-Signature of Ranjit Minz on seizure list
Ext.2-Signature of Ranjit Minz on confessional statement
Ext.-2/1-Confessional statement
Ext.-3.Written report
Ext.-3/1-Endorsement on written report
Ext.4-Post-mortem report
Ext.5.-Inquest report of unknown extremist
Ext.6.-Signature of witnesses on inquest report
Ext.7.-Formal FIR
Ext.8.-Case diary containing page Nos.38 and 39 submitted by
ASI Suman Bhagat
Ext.9-Sanction order of D.M., Chaibasa
Ext.10-Sanction order of Law (Judicial) Department,
Jharkhand
Ext.11 S.F.S.L. report.
8. No oral or documentary evidence has been adduced by the
defence.
Submission on behalf of the appellant
9. Learned counsel for the appellant assailing the impugned
judgment and order of conviction and sentence of the
appellant has submitted that the appellant was simply arrested
by the police while he was fleeing from the spot. The appellant
is a resident of same village area namely Tirilposi, he was
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brought from his house by the police and implicated in this
case. The confessional statement recorded before the police
have got no evidentiary value in the eye of law. Learned
counsel further submits that no incriminating articles were
recovered from the possession of the appellant nor he has been
identified as a perpetrator in the crime and firing upon the
police party or in any way trained the Maoists/Extremists of
MCC. Learned trial court on the basis of same evidence has
acquitted another apprehended accused person. Even the
appellant has also been acquitted from charges for some major
offences. Learned trial court has failed to record any specific
reasons and the material evidence showing involvement of
present appellant that he was taking active role against the
police personnels or actively supporting members of
extremists organization. Even if, the confessional statement of
the accused appellant is taken to be true, there is only
admission that he was providing food and other assistance to
the MCC extremists due to the fear and no protection was
extended by the police to them in the MCC infested area. It is
submitted that altogether 10 witnesses were examined in this
case, out of them, P.W.1 Subodh Kumar Yadav, Officer-in-
Charge, Manjhgaon P.S, P.W. 2, Constable No.1273, Mithelsh
Tiwari, P.W.3 Officer-in-Charge Amarpara Police Station
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namely Ranjit Minz, P.W.4 Rashmi Kant Pandey, Constable
No.345 were members of the raiding party and they have not
disclosed about any specific role of the appellant in the alleged
offences, for which he has been convicted. Learned counsel
further submits that P.W.5 Dr. Vijay Kumar Pandit has
conducted an autopsy on the unknown extremist, P.W.6
Suman Bhagat is the partial Investigating Officer, P.W.8 S.I.
Anil Kumar Sharma is also a member of raiding party, P.W.9
S.I. Bhairo Minjhi is another I.O. of this case and P.W.10 Ramta
Prasad Singh is the second I.O. of this case, who has submitted
charge-sheet against all four accused persons continuing the
investigation against other co-accused persons. It is further
submitted that the documentary evidence adduced by the
prosecution does not support any recovery of firearm from the
conscious possession of the present appellant. Therefore, there
is no iota of evidence showing the involvement of the present
appellant in commission of murder of the deceased police
personnel or theft of rifle from him. He was also not found in
possession of firearm and has not been alleged by any of the
witnesses that he was involved in any other activities
attracting the offences for which FIR was registered. The
appellant has already been acquitted from the charges under
sections 120-B, 121, 121A, 122 and 414 of IPC and sections 25(1-
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B)a, 26/27/35 of Arms Act and sections 10/13/20 of UAP Act.
The learned trial court has clearly held that there was no iota
of evidence to prove that the accused persons were members
of a banned organization and acquitted thereunder. Similarly,
the appellant has also been acquitted from the charges under
section 17 of CLA Act and Sections 3/4/5 of Explosive
Substance Act, It is further submitted that when the appellant
was not found to be a member of MCC (banned Organization),
then how he can be said that he was a member of unlawful
assembly and in prosecution thereof, he was found present at
the place of occurrence. Therefore, mere presence of the
appellant at the place of occurrence on next day of morning
does not attract the provision of Section 149 of IPC in the given
facts and circumstances of the case to saddle him with liability
of murder and attempt to murder of the police personnels in
this case. Learned trial court has misconceived itself while
appreciating and evaluating the evidence of the witnesses
particularly in view of the fact that appellant has been
acquitted from major charges. Therefore, conviction and
sentence of appellant for the offence under sections 302/149,
307/149, 379/149 and 353 of IPC is wholly unwarranted and
beyond the weight of evidence available on record. As such,
the impugned judgment and order of conviction and sentence
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of the appellant is liable to be set aside and this appeal may be
allowed.
Submission on behalf of the State
10. On the other hand, learned P.P. as well as learned A.P.P. for
the State have vehemently opposed the aforesaid contentions
raised on behalf of the appellant and submitted that
admittedly the appellant has confessed that he was a member
of the extremist organization and providing shelter and also
propagating through banners of the Maoists and supplying
them explosive cane bombs and other materials. It is further
submitted that the appellant was arrested on the spot with
incriminating articles therefore, learned trial court has very
wisely and aptly held the appellant guilty with aid of section
149 of IPC, hence, there is no illegality or infirmity in the
impugned judgment and order of conviction and sentence of
the appellant calling for any interference by way of this appeal,
which has no merits and fit to be dismissed.
Analysis, Decision and Reasons
11. We have gone through the record of the case along with
impugned judgment and order in the light of respective
contentions raised on behalf of both side.
12. The only point for consideration in this appeal emerges “as to
whether the impugned judgment and order of the conviction
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and sentence of the appellant suffers from any serious error of
law calling for any interference in this appeal?
13. For better appreciation of the case, we have to apprise with the
evidence adduced by the prosecution.
P.W.3-Ranjit Minz is the informant of this case.
According to his evidence, occurrence is of 26.09.2010 to
27.09.2010, he was conducting operation “Black Thunder”
against MCC extremists under the leadership of ASP,
Shambhu Kumar. He further states that total 8 groups of
raiding party in the Saranda Forest were constituted inclusive
of police personnels, Kobra force and Jharkhand Jaguar Forces.
He has proved the contents of his written report and further
submitted that in the course of raid from Raurkela to Saranda
forest area including the village Thalkobad and Tirilposi
hillock and forest area, the encounter took place between the
police personnels and the extremists, who were arranging a
training camp to spread the terrorist activities in the area. He
further deposed that after pacifying the firing, a search was
conducted on 27.09.2010, meanwhile the dead body of Kobra
Jawan, Jaipal Singh was found and INSAS rifle and cartridges
were stolen by the extremists. He further deposed that a .303
Rifle was found nearby the dead body of Kobra Jawan and
from where, two extremists making retreat were also
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set and photo albums were recovered and from another
apprehended person, explosive substances etc. were
recovered. The apprehended persons disclosed their name as
Dursona Bodra and Soma Tarkot. A dead body of naxalite was
also found and they also found rice, pulses, rations, utensils,
mobile sets, Naxal uniform and two cane bombs etc. which
were also seized and seizure list was prepared and marked as
Ext.1. He has recorded confessional statement of the
apprehended accused persons marked as Ext.2 and 2/1
respectively and also prepared written self-statement marked
as Ext.3 at the place of occurrence.
In his cross-examination, this witness admits that in his
written report (Ext.3), it is not mentioned that the extremists
were calling name of accused persons Dursona Bodra and
Soma Tarkot. He also admits that the apprehended accused
persons were not arrested from the place of training camp of
the Maoists. He has also failed to assert that from which
direction apprehended accused persons fled away. He has also
failed to state as to which articles were seized from which of
the apprehended accused persons.
P.W.1-Subodh Kumar Yadav is also a member of
raiding party. According to his evidence, he was officer-in-
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charge of Manjhgaon P.S. and selected under team for “Black
Thunder” Operation. He further deposed that as per direction
of ASP on 24.09.2010 at about 9:30 pm, his team entered in
Saranda Forest area from Raurkela side searching the possible
training camp of Maoists. They reached in middle of Tirilposhi
and Thalkobad on 26.09.2010 at about 12:00 noon, when they
were at a distance of 6 kms from Tirilposhi, the Maoists started
firing. The police party under his team also in his defence
started firing. When the operation ended due to stoppage of
firing from both sides, they started searching the place and
found one Kobra Jawan, Jaipal Singh died by firing of Maoists.
Two extremists were also apprehended namely Dorsana Bodra
and Soma Tarkot and both were resident of Tirilposhi. He has
also corroborated the recovery of some explosive articles, 50
meters electric wire, 1 kg iron pebbles, Motorola wireless set
etc. The apprehended accused persons also disclosed that they
were working for extremist from a long time and providing
assistance by supplying ration, fixing poster and card and
distributing posters, making cane bombs, fixing land mines
etc. This witness has also supported that INSAS rifle of Jawan
Jaipal Singh was also stolen by extremists. The dead body of
one extremist was also found along with rifle of .303 loaded
with five cartridges in magazine. Apart from the above, some
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were also recovered and seized.
P.W.2-Mithlesh Tiwari is also a member of raiding
party and was working as constable in Manoharpur P.S. He
has also supported the factum of the firing from extremists as
well as counter firing of police. He has also stated that one
Kobra Jawan, Jaipal Singh died in the said operation. He
further deposed that two miscreants were apprehended and
have disclosed their name Dursona Bodra and Soma Tarkot
and one dead body of extremist was also found with .303 rifle.
He has also supported the recovery of mobile, 50 meters wire,
Motorola set and explosive substance and cane bomb. The
apprehended persons have confessed that they were supplying
ration, explosive substance, fixing banners and land mines. He
has stated that the seizure list was not prepared in his
presence.
P.W.4-Rashmi Kant Pandey was also posted as
constable in Manoharpur P.S. According to his evidence, the
firing started at 12 noon and continued till the whole night
between the police personnels and extremists. In the next day
morning, after end of firing from both sides, a search was
started then two extremists were apprehended and disclosed
their name as Dursona Bodra and Soma Tarkot and from their
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meters wire explosive substance and 6-7 kg pebbles of iron
were recovered. He further deposed that the food articles were
also found from the camp of extremists along with explosive
substances, one cane bomb, 8 empty canes. The dead body of
Kobra Jawan and one extremist were also found. The seizure
list was prepared by the police and the dead bodies were sent
for postmortem.
In his cross-examination, he categorically admits that
he cannot say as to whether seized articles were seized at the
place of occurrence or not?
P.W. 5-Dr. Bijay Kumar Pandit has conducted autopsy
on unknown male aged about 20/24 years as per inquest
report and found following ante-mortem injuries:-
External Injuries: Fire armed wound 6 in number
(i) On the chest an anterior wall on left side just lateral
to sternum to away in third intercasted space. Size ½”
diameter Margin inverted and blackish colour
(ii) On the anterior chest wall on the left side just
lateral to sternum 4″ away in fourth intercasted space.
Size ½ ” margins inverted and blackish in colour.
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(iii) on the anterior abdominal wall just lateral to and
above the umbilicus on left side ½” in margin inverted
and black in colour.
(iv) on the upper half of black of left side 3″ lateral to
T-one vertebra. Size 1-1/2″ diameter margin ragged
and inverted.
(v) On upper half of the back in left side 2″ away on T
4 vertebra size 1-1/2″ diameter margin ragged and
inverted
(vi) On the upper half of back left side between lower
angle of scapula and vertebra. Size 1-1/2″ diameter
margin inverted and ragged.
Internal injuries:
C.N.S: Normal. NAD normal chest left. Lungs
lacerated and collapsed. There is blood clot in side
chest Cavity heart empty. Abdomen: empty. Spleen
ruptured. Diaphragm: ruptured. Intestine: ruptured.
Stomach: intact but empty.
Time since death: more than 12 hours but within 48
hours, as rigor mortis present in both upper and lower limb
receding stage.
Cause of death: Hemorrhage and shocked. Injuries
over caused by fire arm.
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The post-mortem report marked Ext.4.
P.W.7-Laxmi Mahto is the Home Guard and he has
simply proved the signature on inquest report.
P.W.8.-Anil Kumar Sharma is the member of raiding
party. He has started raiding against Maoists in Saranda Forest
on 24.09.2010 to 26.09.2010. He further deposed that the
indiscriminate started firing between both sides in which one
Kobra Jawan, Jaipal Singh got bullet injuries and died and one
of the Maoists also died in the police firing. He further
deposed that two accused persons were apprehended and
disclosed their name as Dursona Bodra and Soma Tarkot and
both are resident of Tirilposhi and they were searched by S.I.
Chakravarty Ram and he has also corroborated the recovery
from the accused, Dursona Bodra, a Motorola wireless set and
photo album and from Soma Tarkot, 50 meters electric wire,
pencil torch battery, pebble of iron, sabbal of iron, mobile set
etc.
In his cross-examination, he has admits that recovered
articles were not sealed in his presence.
P.W.9-Bhairo Manjhi is the first Investigating Officer
of this case. According to his evidence on 27.09.2010, he was
posted as S.I. at Jaraikella P.S. and on the basis of written
report of Ranjit Minz , Officer-in-Charge, Manoharpur, he
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2010. In course of investigation, he has recorded the
restatement of the informant and other witnesses namely
Mithlesh Tiwari and Rashmi Kant Pandey and visited the
place of occurrence situated at about 40 kms away from the
place of occurrence situated at Tirilposhi and Thalkobad. This
place is 4 km away from Tirilposhi in between the forest and
mountain and the road has been constructed by forest
department to connect Tirilposhi and Thalkobad. At that place,
Maoists started firing indiscriminately over the police forces in
which CRPF Kobra Jawan, Jaipal Singh died. During search,
the rifle of .303 was recovered from the place of occurrence. At
the place of occurrence, Maoists were given training to
extremists. The police team had destroyed the camp. He
further deposed that towards north place of occurrence
mountain and dense forest is situated and in south of the place
of occurrence mountain and forest situated in the east side,
village road and mountain is situated and in west side of place
of occurrence mountain forest and after 4 km of that place
village Tirilposhi is situated. The place of occurrence is
situated in a place which is not easily approachable so that
Maoists have chosen for imparting training to their comrades.
He has recorded the statement of Anil Kumar Sharma and
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persons to jail and received post-mortem report of unknown
extremist. He has also received original case diary, which was
in the writing of S.I. Suman Bhagat, Sadar Police Station and
prayed for remand of accused Nala Bhikshapati from
Bandgaon P.S. Case No.27 of 2010 dated 09.10.2010. Thereafter,
he has submitted the charge-sheet against the accused persons
Dursona Bodra and Soma Tarkot for the offence under sections
147, 148, 1479, 307, 302, 353, 121, 121-A, 120B, 379 and 414 of
IPC and under Sections 25(1-B)a, 26, 27, 35 of Arms Act and
section 17 of CLA Act and Sections 3, 4, 5 of Explosive
Substance Act and Sections 10, 13 and 16B of UAP Act.
Keeping the investigation continued against other accused
persons, he submitted the charge-sheet against accused Nala
Bhikshapati for the aforesaid offences. He also received post-
mortem report of police Jaipal Singh from Ranchi. Thereafter,
by the order of S.P., he handed over the charge of investigation
to inspector Ramta Prasad Singh.
P.W.6-Suman Bhagat has also conducted partial
investigation in this case. According to his evidence, he has
prepared inquest report of the dead body of the unknown
extremist. Thereafter he was transferred and further charge of
investigation was handed over to O/C Ranjit Minz.
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P.W.10-Ramta Prasad Singh is another I.O. of this
case. According to his evidence on 28.07.2011, he was posted as
police inspector in Manoharpur circle and by the order of S.P.,
he received of charge of investigation of the case. In the course
of investigation, one accused, Muslim Ansari was died in
police encounter and he has submitted charge-sheet against
accused Marshal Bhuiyan continuing the investigation against
other co-accused persons.
In his cross-examination, he admits that he has not
conducted substantial part of the investigation of the case and
he also not recorded the statement of any of witnesses and
none of the accused has been arrested by him.
14. The defence of accused persons is denial from the occurrence
and false implication only on the basis of suspicion being the
local villager. However, no oral or documentary evidence has
been adduced by the defence.
15. It appears that the learned trial court after considering the
aforesaid evidence available on record has acquitted three
accused persons namely Nala Bhikshapati, Dursona Bodera
and Marshal Bhuiyan. Till conclusion of trial, no other accused
persons, whose name has been disclosed in the FIR as
notorious Maoists has been arrested nor any charge-sheet was
submitted against them although the investigation was
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2026:JHHC:8448-DBcontinued. Learned trial court has not found the present
appellant guilty for the offences under sections 17 of CLA Act
as well as sections 10/13/20 of UAP Act and he was not found
a member of Maoist/Extremist. He has also been acquitted
from the charges under sections 120-B, 121, 121A, 122 and 414
of IPC and sections 3/4/5 of Explosive Substance Act. It
further appears that the learned trial court has found no
evidence against the accused, Nalla Bhikshapati, who was
remanded in this case on the basis of confessional statement
and no material was found against him. Similarly, from the
accused, Dursona Bodra, no incriminating articles alleged to be
recovered has been produced before the court during trial,
hence, it was held that it cannot be said that the accused
Dursona Bodra has any link with the Maoists. So the theory of
police that he was active member of MCC extremists and was
helping them in providing food, fixing land mines,
manufacturing cane bombs etc. cannot be accepted.
16. Learned trial court distinguished the case of the present
appellant, Soma Tarkot on the ground that he was arrested
along with explosive substance and other materials, which
clearly establishes that he was in training camp. Learned trial
court has also held that the present appellant was a member of
unlawful assembly and has acted in furtherance of common
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2026:JHHC:8448-DBobject of the said assembly of Maoists which was assembled
for imparting training.
17. We have considered the very basis for conviction of the
appellant with the aid of section 149 of IPC and twin grounds
that he was found in possession of explosive substance and
another that he was a member of unlawful assembly along
with other accused persons.
Both the above grounds cannot be made the basis for
conviction of the appellant in view of the fact that the
appellant has been acquitted from the charge under sections
3/4/5 of Explosive Substance Act. So far being member of
unlawful assembly is concerned, in the FIR itself there were 25
named accused persons and allegedly disclosing the name of
each other. The witnesses of raiding party examined in this
case have not whispered that the accused persons were taking
the name of each other and also denied in their cross-
examination that the member of Maoists, who were indulged
in firing, were taking the name of each other, then what was
the basis before the learned trial court to held that the present
appellant was a member of unlawful assembly and has acted
in prosecution of the common object of the said assembly.
Admittedly, the present appellant along with other co-accused,
Dursona Bodra were arrested at a distance of 4 kms from the
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actual place of occurrence, where the camp was going on as
per evidence of the first Investigating Officer. The appellant is
also a local resident of Tirilposhi and he was not found in
possession of any firearm and none of the witnesses have been
able to attribute any specific overt act against the present
appellant except his presence and recovery of some of the
articles, which were not brought on record during trial of the
case. Therefore, distinguishing features relied upon by the
learned trial court in between the appellant and other co-
accused Dursona Bodra, who has been acquitted, has no
reasonable nexus. While acquitting the another co-accused,
Dursona Bodra, learned trial court has observed at para 28 of
the judgment as under
” Now a days this fact is not a secret that the villagers of
Naxal affected belt specially in Jharkhand is being forced by
the extremists to help them. If, they did not help them, then
they have been tortured by the extremists. It may be possible
that Dursona Bodra was taken by the extremists for helping
them. Because if, he was taking training from Maoists then
certainly he might be in the possession of some arms but no
such type arms or ammunition has been recovered from the
possession of the Dursona Bodra. Therefore, how it can be
said that he was the member of that training camp and he
had animus passendi to attack on the police force.”
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18. We further find that the said criteria is also applicable against
the present appellant because he has been acquitted from the
charges under sections 3, 4 and 5 of Explosive Substance Act
and he was not found planting any area under cane bombs or
involved in manufacturing bombs or other arms or
ammunitions to supply the Maoists. None of the seized
materials from his possession has been produced before the
court during trial.
19. In the above facts and circumstances and the evidence
available against the appellant, we are constrained to hold that
learned trial court has committed serious error of law while
appreciating the evidence available on record against the
present appellant and distinguishing the case of the appellant
from other apprehended accused, Dusona Bodra. There are no
iotas of evidence at all showing that the present appellant was
a member of unlawful assembly along with other named
accused persons against whom charge-sheet has not been
submitted up till now. It is also not proved that the appellant
was belonging to any extremist organization i.e. MCC,
therefore, we find that the appellant is absolutely innocent and
his conviction and sentence is based upon conjecture and
surmises alone and without any concrete evidence.
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20. In view of the above, we are constrained to set aside the
conviction and sentence of the appellant passed by the learned
trial court for the charges under sections 302/149, 307/149,
353/149, 379/149 and 148 of Indian Penal Code, which is
hereby set aside and this appeal is allowed.
21. The appellant is in custody, therefore, he is directed to be
released forthwith, if not, wanted in any other case.
22. Pending I.A(s), if any, is also disposed of accordingly.
23. Let a copy of this judgment be sent back to the concerned trial
court through FAX/Email for information and needful.
(Rongon Mukhopadhyay, J.)
(Pradeep Kumar Srivastava, J.)
Jharkhand High Court, at Ranchi
Date: 25 / 03/2026
Pappu/- N.A.F.R.
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