Sahzad Ansari vs State Of Jharkhand & Anr.

Rongon Mukhopadhyay, J.:

1. Heard the learned counsel for the respective sides.

This appeal is directed against the judgment dated 17.05.2025 passed by Shri Radha Krishan, learned Principal Sessions Judge, Jamtara in Sessions Trial No. 109 of 2022 arising out of Narayanpur P.S. Case No. 94 of 2022, whereby and whereunder, the accused (respondent No. 2 herein) has been acquitted from the charges levelled against him.

The prosecution case arises out of the written report of Sahzad Ansari (appellant) in which it has been stated that on 01.08.2022 at 10 am he was retuning on his motorcycle to his house at Borwadih and when he reached the tower, his co-villagers Ekram Ansari (respondent No. 2), Azmal Ansari, Asraf Ansari, Amina Bibi and the wives of Azmal Ansari and Asraf Ansari forcibly stopped the motorcycle of the informant and was on the verge of assaulting him with Lathi, Danda, Sabal and rod and when the informant raised a cry of alarm, his brothers and mother came running to save him. It has been alleged that the accused persons had committed assault upon the informant, his brothers and mother and the mother of the informant succumbed to her injuries. Based on the aforesaid allegations, Narayanpur P.S. Case No. 94 of 2022 was instituted for the offences punishable u/s 342, 323, 302 and 34 of the I.P.C. On completion of the investigation, charge-sheet was submitted against Ekram Ansari u/s 341, 323, 304, 504 and 34 of the IPC and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as Sessions Trial No. 109 of 2022. Charge was framed against the accused persons for the offence punishable u/s 341/34, 323/34, 304/34 and 504/34 of the I.P.C. which was read over and explained to the accused in Hindi to which he pleaded not guilty and claimed to be tried.

The prosecution has examined as many as eleven (11) witnesses in support of its case.

P.W. 1 Murshed Ansari has stated that the incident is of 01.08.2022 at 10 am. His brother Sahzad Ansari had gone to recharge his mobile and as soon as he reached the tower at Borwa, the accused persons who were already present had snatched the motorcycle of his brother and when they started assaulting him, he had raised a cry of alarm at which his mother who was nearby, rushed to the place of occurrence. The accused persons committed assault upon his mother, as a result of which she became unconscious. Asraf had assaulted his mother on the chest, as a result of which blood started coming out from her mouth and she died.

In cross examination he has deposed that his mother did not sustain any injury while falling on the road. Before this incident, a dispute had cropped up with Ekram on account of an accident with a bicycle which was also compensated and the son of Ekram was taken to a private hospital at Dhanbad for treatment. He has deposed that his mother was not suffering from any ailment.

P.W. 2 Safruddin Ansari has stated that on the date of occurrence, he was at his aunt’s place at Borwa, Kenduadih. He has stated that when Sahzad Ansari was returning, he was stopped by the accused persons who started abusing and assaulting him. When Sahzad Ansari raised a cry of alarm, Mahboob Ansari, Murshed Ansari and the mother of Murshed Ansari came to save him at which the accused persons had abused and committed assault upon them. The mother of Murshed Ansari who is his aunt had fallen down on the road and she was brought near the door step, where she breathed her last.

In cross examination he has deposed that he had not found any signs of injury on the body of his aunt. When he and the others were trying to save his aunt, the accused persons did not commit assault upon them.

P.W. 3 Mahboob Ansari has stated that on 01.08.2022 at 10 am, he was near his house. His brother Sahzad Ansari was returning home on his motorcycle after recharging his mobile, when the accused persons accosted him and took away the keys of his motorcycle. The accused persons thereafter started assaulting Sahzad Ansari and demanded money. Earlier an amount of Rs. 15,000/- was given to the accused persons, but they had once again resorted to extortion. On hearing the sound of alarm of Sahzad Ansari, he, his brother Murshed Ansari and mother Kashiran Bibi rushed to the place of occurrence and tried to dissuade the accused, but of no avail. Ekram Ansari and Asraf Ansari had assaulted his mother as a result of which she fell down on the road after which all the accused persons started assaulting her resulting in her becoming unconscious. He had thereafter brought his mother back home and gave her water. She was vomiting blood. The villagers had called a doctor, but before he could arrive, his mother had expired.

In cross examination he has deposed that the police had never recorded his statement. His mother had signs of injury on her chest and stomach. All the accused persons were jointly assaulting his mother.

P.W. 4 Makruddin Mian did not support the case of the prosecution and was declared hostile.

P.W. 5 Fajlu Ansari has stated that at the time of occurrence, he was near his house and he had seen Sahzad Ansari going somewhere on his motorcycle from his house and when asked by Ekram, Sahzad had stopped his motorcycle. He had also given the keys of motorcycle to Ekram. The son of Ekram had tried to give a Danda blow upon Sahzad, but he intervened and took away the Danda from him. Later on, the situation became normal. The mother of Sahzad had reached the place of occurrence after 10 minutes. He had stated that both sides started abusing each other, but he had not seen any assault committed by either of the sides. After sometime, the mother of Sahzad collapsed on the ground and later on he came to know that she had expired.

In cross examination he has deposed that none of the accused had even touched the mother of Sahzad.

P.W. 6 Gulshan Khatun has stated that at that time of quarrel, she was in the house. When her brother-in-law was returning home on his motorcycle, he was accosted by the accused persons who started quarreling with him at which her mother-in-law, Mahboob and Murshed Ansari had gone to pacify the situation. All the accused persons had started pushing and heckling her mother-in-law after which her mother-in-law started vomiting blood and she died.

In cross examination she has deposed that the police had not recorded her statement. She had covered the place, where her mother-in-law had vomited blood with ash.

P.W. 7 Afzal Ansari has stated that when Sahbaz had reached the tower on his motorcycle, he was stopped by Ekram. The sons of Ekram and the mother of Sahzad also reached the said spot. Asraf had pushed the mother of Sahzad as a result of which she fell down and became unconscious. She had vomited blood thrice and thereafter died.

In cross examination he has deposed that he had not seen any signs of injury on the person of the deceased. He had gone to the place of occurrence on coming to know that the mother of Sahzad had fallen down. The police had not recorded his statement.

P.W. 8 Sahzad Ansari is the informant, who has stated that on 01.08.2022 at 10 am he was returning home on his motorcycle from Borwadih and as soon as he reached near a tower, he was stopped by Asraf Ansari who had a Lathi in his hand and thereafter all the accused persons had surrounded him. He has stated that all the accused persons started pushing and abusing him. When his mother Kashiran Bibi came to intervene, she was abused and Asraf came running and fisted the chest of his mother and others also joined in the assault as a result of which she fell down on the ground. He had taken his mother home and somebody had called a doctor, but before the doctor could arrive, his mother started vomiting blood and she died. The dispute had started because the grandson of Ekram had pushed a Danda in the bicycle driven by his son as a result of which both had fallen down. He has proved the written report which has been marked as Ext. P/1/PW8.

In cross examination he has deposed that the place of occurrence is at a distance of 300-350 ft. from his house. It has correctly been mentioned in the written report that he and his other two brothers were assaulted with Lathi and Danda, but none of them had sustained any injuries. The grandson of Ekram who fell down from the bicycle was taken by him and others to Dhanbad for treatment despite he having not suffered any injuries. He had shown the police, the blood vomited by his mother.

P.W. 9 Azhar Ul Haque Shahi was posted as a Specialist Medical Officer at Sadar Hospital, Jamtara and on 01.08.2022, he had conducted autopsy on the dead body of Kashiran Bibi and had found the following:

The cause of death was opined to be due to disease of heart (Myocardial Infraction). He has proved the postmortem report which has been marked as P-2/PW-9.

In cross examination he has deposed that the deceased had suffered a natural death.

P.W. 10 Nuresha Bibi has stated that on hearing a commotion, she and Kashiran Bibi had come out of the house and Kashiran Bibi had gone to save her son Sahzad, but she was also assaulted by the accused persons, which led to her vomiting blood and after sometime she died.

In cross examination she has deposed that Kashiran Bibi was her neighbour. Sahzad had received injury on his shoulder. She had seen a mark of injury on the chest of Kashiran Bibi.

P.W. 11 Abha Kumar was posted as an Officer-in-Charge of Narayanpur P.S. and on 01.08.2022 after registering Narayanpur P.S. Case No. 94 of 2022 he had taken over the investigation of the case. In course of investigation, he had recorded the restatement of the informant and the statement of other witnesses. The dead body of Kashiran Bibi was sent to Sadar Hospital for postmortem examination. He had inspected the place of occurrence which is at Village Borwa in the road situated in front of the shop of Ekram Ansari. He had also recorded the statement of other witnesses. In course of investigation, it came to light that the grandson of Kashiran Bibi had dashed his bicycle upon the son of Afzal Ansari for which he was taken to Dhanbad for treatment and Rs. 35,000/- was the cost incurred for such treatment. An amount of Rs. 15,000/- was given from the side of the informant party and as per the decision of the villagers further Rs. 10,000/- was to be given and in order to realise the said amount, the informant was accosted by the accused persons. He had obtained the postmortem report of Kashiran Bibi and on completion of investigation charge sheet was submitted against Ekram Ansari while keeping the investigation pending against the rest accused persons. He has proved the formal F.I.R. which has been marked as P-3/PW-11. The endorsement in the written report has been marked as P-1/1 by PW-11.

In cross examination he has deposed that in course of investigation, he had not recovered Lathi, Danda, rod and Sabal as described in the written report of the informant. The witnesses Gulshan Khatun, Nuresha Bibi, Fajlu Ansari and Makruddin Mian had not stated about any assault committed upon the deceased.

The statement of the accused was recorded under Section 313 Cr.P.C. in which he has denied his complicity in the offence.

It has been submitted by Mr. Rajiv Lochan, learned counsel for the appellant that the learned trial court had committed an error while acquitting the respondent No. 2 to the effect that it has not appropriately analyzed the evidence of the eye witnesses, PW-1, PW-3, PW-5 and PW-8 who all have categorically stated about the manner in which the assault had taken place particularly upon the deceased Kashiran Bibi. The death though has been opined to be on account of Myocardial Infraction, but the events leading to such death has not been considered by the learned trial court. Even the motive for committing the assault has been sufficiently explained by the prosecution.

Mr. Mohit Prakash, learned counsel appearing for the respondent No. 2 has submitted that the absurdity of the allegations is evident from the fact that despite the so-called eye witnesses revealing about the concerted assault committed upon the informant, his two brothers and his mother, but no injury report of the informant and his brothers are on record while not a single scratch was found on the body of the deceased who had died of a natural cause as opined by the Doctor conducting the postmortem examination.

We have heard the learned counsel for the respective sides and have also perused the trial court records.

The written report of PW-8 reveals about he being accosted by the accused persons and on an alarm raised his brother and mother came rushing to the place of occurrence and they as well as PW-8 were subjected to assault which resulted in the death of Kashiran Bibi, the mother of PW-8.

The evidence of PW-8 is more or less consistent with his written report and PW-1 and PW-2 are the brothers of PW-8 who were also at the receiving end of the assault committed by the accused persons including the appellant. The accused persons were armed with Lathi, Danda, rod and Sabal and such assault at least would have left some marks of injuries on the person of PW-1, PW-2 and PW-8 as well as the deceased. PW-8 has gone to the extent by deposing that though they were assaulted with dangerous implements, but none had suffered any injury. Not a single witness has stated that the injured were given treatment. There is no injury report on record and PW-11 (Investigating Officer) is silent on that aspect. So far as the death of Kashiran Bibi is concerned, the postmortem report is not suggestive of even a scratch found on the body of the deceased and her cause of death was opined to be due to heart decease (Myocardial Infraction). If the assault upon Kashiran Bibi as described by PW-1, PW-2, PW-8 and the other witnesses were true, there was no way one can escape going unharmed. The deceased is also said to have vomited blood on account of the assault, but not even a whisper regarding such aspect has been made by PW-11. There also appears to be contradictions in the evidence of the witnesses with respect to the manner of occurrence. It also seems that there is a prior dispute with respect to the son of Afzal Ansari being dashed by the grandson of the deceased with a bicycle and certain amount decided by the villagers was still to be paid by the respondent No. 2 and his family members. What can be gathered from a threadbare analysis of the evidence on record is that there must have been a quarrel, relating to the earlier dispute which was blown out of proportion by the appellant encompassing even the natural death of Kashiran Bibi to the squabble which had ensued.

The learned trial court after bestowing appropriate reasonings has acquitted the respondent No. 2 from the charges levelled against him and there being no reasons to conclude otherwise, this appeal fails and the same is accordingly dismissed. Pending I.A., if any stands closed.