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Ramesh Soren Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

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Jharkhand HC
2024
Ramesh Soren Vs the State of JharkhandRamesh Soren v. the State of Jharkhand

Dismissed¶20

Ramesh Soren v. the State of Jharkhand

Jharkhand HC6 Sept 2024B.A./6394/2024

Case brief

AI extract

What is this about?

Jharkhand High Court bail application rejected; applicant Ramesh Soren; B.A. No. 6394 of 2024; Ango P.S. Case No. 04 of 2024; Hazaribag Judicial Magistrate 1st Class; IPC Sections 341, 323, 325, 452, 302, 34 (murder 302, common intention 34); Witch (Daain) Practices Act; FIR by deceased's wife; night intrusion 23.03.2024; accused named Manoj Soren, Samel Soren, Ramesh Soren; Lathi-Danda assault over witch-craft accusation; victim died 24.03.2024; postmortem corroborates eye-witness informant; no independent witness possible inside house at 10 p.m.; FIR delay explained; witnesses Lal Chand Tudu, Sunil Soren, Lal Ji Hansda corroborated; bail rejected by Justice Subhash Chand on 06.09.2024; no amount figures; no precedents cited.

What did the court decide?

Since the occurrence took place at 10 O'clock of night inside the house of the informant, there was no possibility of any independent witness at the place of occurrence; the eye-witness account is corroborated with medical evidence in view of the postmortem report of the deceased.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner's submission that there is no independent witness of the occurrence weighs against the prosecution case. +2 more

Court's answer

Since the occurrence took place at 10 O'clock of night inside the house of the informant, there was no possibility of any independent witness at the place of occurrence; the eye-witness account is corroborated with medical evidence in view of the postmortem report of the deceased.

Ratio / Principle

The delay in lodging the F.I.R. is explained: the husband died on the very next day of the occurrence, thereafter the postmortem was conducted, and then the F.I.R. was lodged; hence the delay is explained.

Key takeaways

The bail petition of the petitioner (applicant Ramesh Soren) is hereby rejected.ratio¶20

Detailed headnote1 paragraphs

Bail application rejected — High Court of Jharkhand (Subhash Chand, J.), 06.09.2024, B.A. No. 6394 of 2024 (applicant Ramesh Soren). Applicant charged in Ango P.S. Case No. 04 of 2024 under Sections 341, 323, 325, 452, 302, 34 IPC and '¾ Witch (Daain) Practices Act' (sic, as printed), pending before the Judicial Magistrate, 1st Class, Hazaribag. F.I.R. by the deceased's wife: intruders identified as Manoj Soren, Samel Soren and Ramesh Soren and others broke in at about 10 p.m. on 23.03.2024, abused and beat her husband over an accusation of practising witch craft, with Lathi and Danda; he died at 5 a.m. on 24.03.2024; postmortem done; F.I.R. lodged thereafter. Holding: (i) occurrence being inside the informant's house at 10 p.m., no independent witness was possible, and the eye-witness account stands corroborated by the postmortem medical evidence; (ii) delay in lodging the F.I.R. is explained by the victim's death the next day followed by postmortem; accordingly the bail petition is rejected. No relief granted.

A

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 6394 of 2024

Ramesh Soren aged about 21 years, son of Mukesh Soren, resident of village-Harli, P.O.-Partanga, P.S.-Ango, DistrictHazaribagh …. … Petitioner

Versus

The State of Jharkhand …. ... Opp. Party

CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND

For the Petitioner : Mr. Ram Lakhan Yadav, Advocate For the State : Mr. Abhay Kumar Tiwari, A.P.P.

Order No. 05/ dated 06.09.2024

Heard learned counsel for the applicant and the learned

A.P.P. for the State.

This bail application has been filed on behalf of the applicant-Ramesh Soren with the prayer to release on bail in connection with Ango P.S. Case No. 04 of 2024, registered under Sections 341,323,325,452,302,34 of the Indian Penal Code and ¾ Witch (Daain) Practices Act, pending in the Court of the learned Judicial Magistrate, 1^st Class, Hazaribag.

The F.I.R. of this case was lodged by the wife of deceased with these allegations that on 23.03.2024 at 9 O’ clock in the night she along with all family members had gone to sleep after having food. At 10 O’ clock in the night the door was not opened with the fear but the door was broken and those who intruded in the house were identified as Manoj Soren, Samel Soren and Ramesh Soren and others. All in furtherance of common intention brandishing to her husband practicing

witch craft hurling abuse began to beat with Lathi and Danda. Her children and also the wife of her son intervened but they were also beaten. On 24.03.2024 her husband died at 5 O’ clock in the morning. Thereafter the postmortem was conducted and this F.I.R. was lodged.

The informant in her restatement has reiterated the allegations made in the F.I.R. The witness Lal Chand Tudu, Sunil Soren, Lal Ji Hansda all have corroborated the prosecution story and statement of informant.

The informant is the eye-witness of the occurrence. So far as the submission of learned Counsel for the petitioner that no independent witness of the occurrence is concerned, the place of the occurrence is the house of informant and time of occurrence is 10 O’ clock of night and the occurrence took place inside the house of informant. As such there was no possibility of any independent witness at the place of occurrence. The eye-witness account is also corroborated with medical evidence in view of the postmortem report of the deceased.

So far as the delay is concerned, the same is also explained in the F.I.R. that her husband died on the very next day of the occurrence and thereafter the postmortem was also conducted and this F.I.R. was lodged. As such the delay is also explained.

2

Accordingly, the bail petition of the petitioner is hereby

rejected.

(Subhash Chand, J.)

P.K.S

3

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the petitioner's submission that there is no independent witness of the occurrence weighs against the prosecution case.¶5
The court held
Since the occurrence took place at 10 O'clock of night inside the house of the informant, there was no possibility of any independent witness at the place of occurrence; the eye-witness account is corroborated with medical evidence in view of the postmortem report of the deceased.ratio¶5
2.
Whether the delay in lodging the F.I.R. after the occurrence is explained.¶6
The court held
The delay in lodging the F.I.R. is explained: the husband died on the very next day of the occurrence, thereafter the postmortem was conducted, and then the F.I.R. was lodged; hence the delay is explained.ratio¶6
3.
Whether the applicant Ramesh Soren should be released on bail in connection with Ango P.S. Case No. 04 of 2024.¶13
The court held
The bail petition of the petitioner (applicant Ramesh Soren) is hereby rejected.ratio¶20

Statutes considered

2 provisions across 2 enactments

AI extract

Indian Penal Code341, 323, 325, 452, 302, 34¶13
Witch (Daain) Practices Act¾¶13

Procedural history

How this case reached the court

AI extract

Prior proceeding
Ango P.S. Case No. 04 of 2024 was registered under Sections 341,323,325,452,302,34 of the Indian Penal Code and '¾ Witch (Daain) Practices Act', pending in the Court of the learned Judicial Magistrate, 1st Class, Hazaribag.¶2
Prior proceeding
Per the F.I.R. lodged by the wife of the deceased, on the night of 23.03.2024 the door of the house was broken and the intruders were identified as Manoj Soren, Samel Soren and Ramesh Soren and others, who in furtherance of common intention, branding the husband as practising witch craft, abused and beat him with Lathi and Danda; the children and the son's wife who intervened were also beaten.¶14
Prior proceeding
Her husband died at about 5 O'clock in the morning on 24.03.2024; thereafter the postmortem was conducted and the F.I.R. was lodged.¶15
Prior proceeding
In her restatement the informant reiterated the allegations made in the F.I.R.¶16
Prior proceeding
Witnesses Lal Chand Tudu, Sunil Soren and Lal Ji Hansda corroborated the prosecution story and the statement of the informant.¶16

Parties & counsel

AI extract

petitioner
Ramesh Soren (aged about 21 years, s/o Mukesh Soren, r/o village-Harli, P.O.-Partanga, P.S.-Ango, District Hazaribagh)¶3
Ram Lakhan Yadav
respondent
The State of Jharkhand¶5
Abhay Kumar Tiwari

Coram

AI extract

Subhash Chandauthor¶7

Case details

As recorded by the court registry

Court: Jharkhand HC
Decided on: 6 Sept 2024 · September
Registered: 9 Jul 2024
Case no.: B.A./6394/2024
CNR: JHHC010223252024
Bench: Subhash Chand
Disposal: Rejected
Case type: B.A.

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Cite this judgement

Ramesh Soren v. the State of Jharkhand, B.A./6394/2024 (JH), decided on 6 September 2024.

The High Court of Jharkhand publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Indian Penal Code341, 323, 325, 452, 302, 34
Witch (Daain) Practices Act¾

View all statutes

Procedural history5

Ango P.S. Case No. 04 of 2024 was registered under Sections 341,323,325,452,302,34 of the Indian Penal Code and '¾ Witch (Daain) Practices Act', pending in the Court of the learned Judicial Magistrate, 1st Class, Hazaribag.
Per the F.I.R. lodged by the wife of the deceased, on the night of 23.03.2024 the door of the house was broken and the intruders were identified as Manoj Soren, Samel Soren and Ramesh Soren and others, who in furtherance of common intention, branding the husband as practising witch craft, abused and beat him with Lathi and Danda; the children and the son's wife who intervened were also beaten.

View full history

Bench / Coram

Subhash Chand

Parties & counsel