Criminal appeal against convictions for unlawful assembly, rioting, hurt and wrongful restraint arising from an alleged Rangdari attack on the informant's brother. Injured witness's consistent testimony upheld; probation benefit under Section 360 CrPC not disturbed. Appeal dismissed.
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2026:JHHC:14017
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No. 587 of 2009
[ Against the judgment of conviction and order of sentence both dated 03rd June, 2009 passed by learned 1st Additional Sessions Judge, Chaibasa, in Sessions Trial No. 88 of 2008 ]
Jagannathpur, District-Singhbhum (W)
... ... Appellants
Versus The State of Jharkhand … … Respondent
P R E S E N T
Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
----For the Appellants : Mr. Shubham Sinha, Amicus Curiae Mr. Aditya Raj, Advocate Mr. Arun Kumar, Advocate For the State : Mrs. Lily Sahay, A.P.P.
JUDGMENT
Dated: 08th May, 2026
appellants and learned A.P.P.
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held guilty for the offence under Sections 148, 324/149 and 341 of the I.P.C. Further, the appellants were extended the benefit of the provision laid down under Section 360 of the Cr.P.C., and were directed to be released upon entering into a probation bond of Rs.10,000/- with two sureties of the like amount each for a period of one year.
Factual Matrix
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Submissions on behalf of appellants: -
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has not examined the doctor who examined the injured person and even no injury report was brought on record. It is further argued that the Investigating Officer (I.O.), who has investigated the case, has also not been examined as prosecution witness, due to which the place of occurrence could not be proved. It is further submitted that P.W.1, P.W.2 and P.W.3 are own brothers and no independent eye-witness has been examined by the prosecution to prove the occurrence. Therefore, prosecution case cannot be said to be proved beyond all reasonable doubt and the appellants deserve acquittal from the charges. Accordingly, the conviction and sentence of the appellants itself is not justified under law which is fit to be set aside. It is further submitted that taking lenient view and considering the first offence of the appellants they have been extended benefit of Section 360 of Cr.P.C., the appellants have been directed to release upon furnishing probation bond of Rs. 10,000/- with two sureties of like amount each for a period of one year which has also been executed by the appellants on 03.06.2009. Subsequently, the execution of the bond stayed vide order dated 20.08.2009, after expiry of one month from the date of the execution of the bond.
Submissions on behalf of State: -
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iron rod. Therefore, there is no illegality and infirmity in the impugned judgment calling for any interference by way of this appeal, which is devoid of merits and fit to be dismissed.
Analysis, Discussions and Reasons:-
P.W.-1-Sujit Kumar Dalai
P.W.-2-Biswajit Dalai
P.W.-3-Ranjit Kumar Dalai (informant)
P.W.-4-Purendra Pradhan
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appellant No.1, Tapan Pradhan for the offences under Sections 148, 324/149 & 341 of the I.P.C. and appellant No.2 and appellant No.3 Santosh Lohar and Konda Pradhan for the offences under Sections 147, 323 & 341 of the I.P.C., respectively. Therefore, the conviction of the appellants does not appear to be suffering from any error of law.
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back to the court concerned for information and needful.
(Pradeep Kumar Srivastava, J.)
08.05.2026
Arpit Uploaded on 13/05/2026
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1 issue framed by the court
Whether the conviction of the appellants under Sections 147, 323, 341, 148 & 324/149 IPC based on testimony of related witnesses, without examination of doctor and I.O., was sustainable.
3 provisions across 2 enactments
Tapan Pradhan
Santosh Lohar
Konda Pradhan
The State of Jharkhand
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
