1. Sanichar Oraon Son of Domra Oraon. 2. Birsai Oraon Son of Gandur Oraon v. The State of Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (SJ) No.884 of 2006 ------ 1. Sanichar Oraon Son of Domra Oraon. 2. Birsai Oraon Son of Gandur Oraon. 3. Mangal Oraon Late Dahru Oraon. All are residents of village- Armai, Mahuwatoli, police station- Gumla. .... …. Appellant(s) Versus The State of Jharkhand ..... .... Respondent ------ For the Appellant(s)
Legal Reasoning
: Mr.A.K. Chaturvedi, Advocate For the State : Mr. P.K. Chatterjee,Spl.P.P. PRESENT Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ----- JUDGMENT C.A.V. On:- 22.11.2024 Pronounced on:-20/12 /2024 Heard Mr. A.K. Chaturvedi, learned counsel for the appellant as well as Mr. P.K. Chatterjee, Spl.P.P appearing for the State. 2. Present criminal appeal is directed against the judgment and order of conviction and sentence to the appellants dated 24th May, 2006 and 25th May, 2005 passed by Learned 1st Additional Sessions Judge, Gumla in S.T. No. 117 of 2000, whereby and whereunder the appellants have been held guilty for the offences under Criminal Appeal (SJ) No.884 of 2006 Page | 1 Sections 354, 379, 427 and 452 read with section 34 of the I.P.C. and sentenced to undergo R.I. for one year each under Section 354/34 and 427/34, R.I. for two years each under Section 379/34, R.I. for 4 years each, along with fine of Rs.500/- each under Section 452/34 of the I.P.C. with default stipulation. All sentences were directed to run concurrently. Factual Matrix 3. The factual matrix giving rise to this appeal is that a complaint petition being complaint case no. 98/1999 was filed before the C.J.M. Gumla stating therein that when the complainant was alone at her house on 17.05.1999 at about 05:00 P.M. with with her kidsn meanwhile, four appellants came to her house and after breaking the door entered into the house. It is alleged that appellant no.2 (Birsai Oraon) and appellant no.1 (Sanichar Oraon) caught hold of complainant and tried to commit rape with her and other appellants started plundering in the house which was objected by the complainant by raising alarm, then several villagers assembled there and tried to save the complainant, but the appellant no.1 (Sanichar Oraon) put a pistol at the head of the complainant with intention to kill her. The accused persons also destroyed the household articles and took away rice, pots, money, gold and Criminal Appeal (SJ) No.884 of 2006 Page | 2 silver jeweler worth Rs.15,000/-. In the next day morning, the complainant went to police station and present a written report, but no action was taken, then she lodged this complaint case before the court. The complaint was sent to concerned police station vide order 156 (iii) of Cr.P.C. and F.I.R. was registered under Sections 452, 323, 427, 379, 376/511/34 of the I.P.C. 4. After completion of investigation, the charge-sheet was submitted and after facing the trial the appellants were held guilty and sentenced as stated above. 5. Learned counsel for the appellants assailing the impugned judgment has submitted that the complainant herself is the sole eye-witness of the occurrence, she has specifically stated in the complaint that several villagers assembled on raising her alarm and intervened in the matter, but no independent witnesses have come to support the prosecution story. Real fact is that the husband of complainant had murdered the family member of the appellants for which the case was lodged against the husband of the complainant who was convicted and sentenced. Therefore, this case is a counter-blast to seave her husband as pressure tactics. It is further stated that eight witnesses were examined by the Criminal Appeal (SJ) No.884 of 2006 Page | 3 prosecution, but no one have supported the prosecution story except the complainant. Investigating Officer of this case has also not been examined. No incriminating articles were recovered from the possession of the appellants. No injury report of the complainant was brought on record. It is out and out a false case against the appellants. The learned trial court has miserably failed to properly appreciate the evidence available on record and gave undue weightage to the testimony of complainant. Therefore, impugned judgment and order of conviction and sentence of the appellants is absolutely illegal and liable to be set aside. 6. On the other hand, learned Additional Public Prosecutor has opposed the contentions raised on behalf of the appellants and submitted that the learned trial court has very wisely and aptly appreciated the evidence available on record and arrived at right conclusion which suffers no illegality or infirmity. This appeal has no merits and is fit to be dismissed. 7. I have gone through the entire evidences available on record along with impugned judgment and order of conviction and sentence passed by the learned trial court. Criminal Appeal (SJ) No.884 of 2006 Page | 4 It appears that out of eight witnesses examined in this case to substantiate the charges levelled against the appellants. P.W.1 Mangal Das Oraon, P.W.2 Jatru Oraon, P.W.3 Madra Oraon (brother-in-law), P.W.6 Rajo Oraon, P.W.7 Chhedu Oraon have been declared hostile by the prosecution who in specific terms declined from the incident as alleged by the complainant. P.W.4 Sita Oraon has simply stated that on the date of occurrence at about 08:00 PM, he heard commotion from the house of complainant and found that her door was broken, but he has not seen anything else and he has also stated what he learnt from the complainant. P.W.8 Amarnath Sahu an advocate clerk, who has simply proved the signature of the then Officer-In-Charge as Exhibit-1 and formal F.I.R. as Exhibit-2. 8. The prosecution case rests on the evidence of P.W.5 alone who is none else, but the complainant-cum-informant of this case. She has stated that at about 09:00 PM, in the night, four accused persons namely, Sanichar Oraon, Birsai Oraon, Mangal Oraon and Bandhana Oraon came to her house breaking opened the door. She was taking dinner at that time along with her children. She has Criminal Appeal (SJ) No.884 of 2006 Page | 5 alleged that Sanichar Oraon attempted to pull her saree with a view to commit rape with her, but when she raised alarm, then all the accused persons threatened to kill her. Her household articles were scattered by the appellants and some gold and silver jewelry were stolen. She has also stated that upon raising alarm by her, several villagers assembled and then accused persons fled away. The main motive behind the occurrence as stated by this witness is that about 2-3 days prior to this occurrence a dead body of Sohrai Oraon was found near her house. Hence, the family members of Sohrai Oraon were suspecting the involvement of her family members and her husband was sent to jail in that case and still he is in custody. 9. From the aforesaid testimony of the complainant, it is crystal clear that complainant/informant has falsely implicated the present appellants in this case only as a matter of retaliation because her husband is under incarceration for causing death of one Sohrai Oraon who happens to be a family member of the appellants. There is no ring of truth in the testimony of the sole eye witness of the occurrence. The learned trial court has given undue weightage to the evidence of P.W.5 which does not find any support from the Criminal Appeal (SJ) No.884 of 2006 Page | 6 independent witnesses who were present at the spot on the spur of occurrence. Therefore, I find merit in this appeal and impugned judgment and order of conviction and sentence of appellants is hereby set aside. Accordingly, this appeal stands allowed. 10.Appellants are on bail, as such he shall be discharged from the liability of bail bond and sureties shall also be discharged.
Decision
11.Pending I.As, if any stand disposed of. 12.Let a copy of this order along with trial court record be sent to the concerned court forthwith for information and needful. (Pradeep Kumar Srivastava, J.) Jharkhand High Court, at Ranchi Date: 20 / 12/2024 Amar/- N.A.F.R. Criminal Appeal (SJ) No.884 of 2006 Page | 7