The High Court
Case Details
1 2025:JHHC:33182 IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Appeal (SJ) No.557 of 2005 with Criminal Appeal (SJ) No.560 of 2005 [Against the judgment of conviction and order of sentence dated 25.04.2005 passed by Sri Brajendra Kumar Sinha, learned Additional Sessions Judge, Fast Track Court No.IV, Palamu at Daltonganj in Sessions Trial No.177 of 1995] -------------- Munni Singh @ Muneshwar Singh son of Ganesh Singh resident District-Palamu of in (Criminal Appeal (SJ) No.557 of 2005) (Jharkhand) P.S.-Hussainabad, Village-Bardiha, 1. Ash Narayan Singh son of Ranjeet Singh 2. Bishwanath Singh son of Jadu Singh 3. Abhay Singh son of Ash Narayan Singh All appellants are Hussainabad, District-Palamu (Jharkhand) resident of Village-Bardiha, P.S.- in (Criminal Appeal (SJ) No.560 of 2005) Appellants … … Versus The State of Jharkhand … … Respondents
Legal Reasoning
-------------- PRESENT HON’BLE MR. JUSTICE RAJESH KUMAR -------------- :Mrs. Archana Kumari Singh, Adv. :Mr. Tarun Kumar, A.P. P. For the Appellants For the State (Criminal Appeal (SJ) No.557 of 2005) :Mrs. Mahua Palit, A.P.P. (Criminal Appeal (SJ) No.560 of 2005) -------------- Order No.10/ Dated 06th November, 2025 1. Vide order dated 29.01.2025, the criminal appeal being Criminal Appeal (S.J.) No.560 of 2005 stands abated so far as appellant, namely, Ram Narayan Singh is concerned. 2. Now, the said appeal survives only with respect to three appellants, namely, Ash Narayan Singh, Bishwanath Singh and Abhay Singh. 3. Heard Mrs. Archana Kumari Singh, learned counsel for the appellants, Mr. Tarun Kumar, learned A.P.P. and Mrs. Mahua Palit, learned A.P.P. for the State. Cr. Appeal (SJ) No. 557 of 2005 Cr. Appeal (SJ) No. 560 of 2005 with 2 2025:JHHC:33182 4. Both these Criminal Appeals are being heard together and disposed of by this common judgment as both these appeals are arising out from the same judgment. 5. These appeals are directed against the judgment of conviction and order of sentence dated 25.04.2005 passed by learned Additional Sessions Judge, Fast Track Court No.IV, Palamu at Daltonganj in Sessions Trial No.177 of 1995 arising out of Hussainabad P.S. Case No.161 of 1991, (G.R. Case No.1571 of 1991) whereby and whereunder the appellants have been convicted. Appellant, namely, Munni Singh @ Muneshwar Singh has been convicted for the offence under Sections 148 and 324 of IPC and sentenced to undergo R.I. for one year for the offence under Section 148 of IPC and two years R.I. for the offence under Section 324 of IPC. The appellants in Cr. Appeal No.560 of 2005 have been convicted for the offence under Section 147 and 323/149 of IPC and they were directed to undergo R.I. for a period of six months for the offence under Section 147 of IPC and one year R.I. for the offence under Section 323 of IPC and all the sentences were directed to run concurrently. 6. The criminal law has put into motion by lodging an F.I.R. being Hussainabad P.S. Case No.161 of 1991, (G.R. Case No.1571 of 1991) against the appellants. 7. The F.I.R. has been lodged on the fardbeyan of the informant, namely, Sanjay Kumar Singh (P.W.-1). The brief fact of the case is that on 10.10.1991 at about 7 p.m. accused Ash Narayan Singh, Bishwanath Singh, Abhay Singh and Ram Narayan Singh having lathis and accused Munni Singh @ Muneshwar Singh with Rami were irrigating their lands situated in another village Lotania with the help of Diesel pump from a tank situated about half K.M. eastern side of village Bardiha and the informant Sanjay Kumar Singh alongwith Basudeo Singh and his father Ishwardayal Singh came there for irrigating their lands situated at village Bardiha. They tried to open the mouth of the water flowing pipe but the accused resisted and hot discussion started on this point. Accused Ram Narayan Singh asked other accused to assault the informant on which Munni Singh blow Rami on the head of the informant due to which, he sustained injury. Accused Bishwanath Singh assaulted him by means of Lathi due to which the informant Cr. Appeal (SJ) No. 557 of 2005 Cr. Appeal (SJ) No. 560 of 2005 with 3 2025:JHHC:33182 sustained injury on his left thumb. Accused Abhay Singh and Ash Narayan Singh also assaulted him by means of Lathi due to which he sustained injuries on his right arm and back. Due to assault, the informant fell down and one Kedar Singh told the other accused to press him so that he may die. The accused persons also assaulted others who saw the occurrence. On the basis of this fardbyan Hussainabad P. S. Case no. 161/91 was instituted U/s 147, 148, 323, 324, and 307 of the Indian Penal Code. 8. On the basis of said allegation, the police after investigation has submitted the charge-sheet under Sections 147, 148, 326, 307, 324 and 323 of the Indian Penal Code and accordingly cognizance has been taken and charge has been framed under Section 323/149, 307/149, 147, 324/149 and 326 of IPC. Thereafter, the case has been committed to the court of Sessions. On conclusion of trial, the appellants have convicted under Sections 148, 324, 147, 323 and 149 of the IPC to which appellants have pleaded not guilty and claimed to be tried. 9. To substantiate the prosecution story, altogether eight witnesses have been examined. 10. P.W.-1-Sanjay Kumar Singh is the informant, P.W.-2-Hari Chamar @ Haridarshan Ram, who has declared hostile, P.W.-3 Krishna Chouhan, P.W.-4 Rajendra Singh, P.W.-5 Sunderdeo Singh, P.W.-6 Ishwardayal Singh, one of the injured as well as father of the informant, P.W.-7 Dr. Uma Kant Singh Goutam is the Doctor, who has examined the victims and P.W.-8 Manoj Kumar is a formal witness, who has identified the writing of the F.I.R. and fardbeyan. 11. It has been submitted by the learned counsel for the appellants that although they have been charged on the basis of unlawful assembly but the trial court has observed two different unlawful assembly. One consisting Munni Singh @ Muneshwar Singh and accordingly he has been convicted under Sections 148 and 324 of IPC and other four appellants, namely, Ash Narayan Singh, Bishwanath Singh, Abhay Singh and Late Ram Narayan Singh, who have formed different unlawful assembly, have been convicted under Sections 147, 323 and 149 of IPC. 12. For forming unlawful assembly, there has to be minimum five persons. Within an assembly, two different assembly cannot be Cr. Appeal (SJ) No. 557 of 2005 Cr. Appeal (SJ) No. 560 of 2005 with 4 2025:JHHC:33182 formed. Thus, entire approach of the trial court is contrary to the law. It is a basic foundation that there must be an unlawful assembly and e very person part of the unlawful assembly is liable for the same punishment. Formation of two different unlawful assembly within an assembly is not mandated by the law and in the present case, one assembly consists of a single person and the other consists of four persons. Thus, the total being less than five does not fulfill the mandate of law. 13. In view of above fundamental mistakes committed by the trial court, this Court has no other option but to quash and set aside the impugned judgment of conviction. 14. Accordingly, the judgment of conviction and order of sentence dated 25.04.2005 passed by learned Additional Sessions Judge, Fast Track Court No.IV, Palamu at Daltonganj in Sessions Trial No.177 of 1995 arising out of Hussainabad P.S. Case No.161 of 1991, (G.R. Case No.1571 of 1991) is hereby set aside. 15. The appellants are on bail and as such they are discharged from the liability of the bail bonds. 16. 17.
Decision
In the result, both the appeals stand allowed. Let the Trial Court Records be sent back to the Court concerned forthwith, alongwith the copy of this Judgment. (Rajesh Kumar, J) Jharkhand High Court at Ranchi Dated 06th November, 2025 Shahid/N.A.F.R./ Cr. Appeal (SJ) No. 557 of 2005 Cr. Appeal (SJ) No. 560 of 2005 with