Pradhan Khandait @ Boya vs The State of Jharkhand

This appeal arises from the judgment of conviction and order of sentence dated 29.03.2003 passed by Shri Satya Narain Prasad, 2nd Additional Sessions Judge, Chaibasa in S.T. No. 109 of 2002 convicting the appellant u/s 302 I.P.C. and sentencing him to undergo rigorous imprisonment for life. The prosecution case in brief is that Mulia Sumrui - P.W.2 lodged a written report on 04.10.2001 before the police that on 03.10.2001 unknown criminals have assaulted his younger brother Ghanshyam Sumrui and he was lying injured near a bridge and was not speaking. He has been brought from there. The injured had come to Chakradharpur in the previous day. While returning the said occurrence had taken place. The cause of incident was not known.

Mr. Yogesh Modi, learned Counsel for the appellant submitted that the prosecution has not been able to prove its case against the appellant beyond all reasonable doubt. The appellant remained in jail for more than 10 years.

On the other hand, Counsel for the State has supported the impugned judgment.

There is no eye - witness in this case. During treatment in hospital for about 5 days, the deceased uttered the name of Boya and said that ''Boya I will fight with you''. P.W. 1 father of the deceased said that the deceased told him that Boya assaulted him with hammer. The confession recorded on the basis of the said utterances made by the injured in the hospital, is not reliable. Even in the alleged confession of the appellant it is said that some other person assaulted the deceased with ''Dagger'' but no such injury has been found by the Doctor. P.W.-7 said that the appellant and the deceased took ''Haria'' together in his house and thereafter they went away. What happened thereafter he was not in a position to say. The Doctor has found the cause of death to be fall from height. The dead body was found below the bridge.

Thus, in our opinion, the prosecution has not been able to prove its case against the appellant beyond all reasonable doubt. Accordingly, the impugned judgment is set aside. The appellant is directed to be released forthwith from jail, if not wanted in any other case.