Ganesh Gope And Others vs The State Of Jharkhand
2023 Latest Caselaw 4308 Jhar

Jharkhand High Court

Ganesh Gope And Others vs The State Of Jharkhand on 29 November, 2023

Author: Shree Chandrashekhar

Bench: Shree Chandrashekhar, Anubha Rawat Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         (Criminal Appellate Jurisdiction)
                    Criminal Appeal (DB) No. 776 of 2015


Ganesh Gope and Others                                  ...        ...   Appellants
                                     Versus
The State of Jharkhand                            ...          ...       Respondent

                                  With
                    Criminal Appeal (DB) No. 962 of 2015
Umesh Karmali @ Chhotu                                  ...        ...   Appellant
                                     Versus
The State of Jharkhand               ...    ...     Respondent
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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Appellants : Mr. Akhouri Awinash Kumar, Advocate For the State of Jharkhand : Mr. Pankaj Kumar, Public Prosecutor : Mr. Abhay Kumar Tiwary, APP

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th Order No. 16/Dated: 29 November 2023

Heard the learned counsels for the parties.

2. Mr. Akhouri Awinash Kumar, the learned counsel for the appellants has referred to and relied on the following judgments to submit that the prosecution has miserably failed to establish the case against the appellants:

(i) (2023) 1 SCC 180 (Gireesan Nair & Others vs. State of Kerala)

(ii) 2023 SCC OnLine SC 1132 (R. Sreenivasa vs. State of Karnataka)

(iii) 2023 SCC OnLine SC 1261 (Balvir Singh vs. State of Uttarakhand)

(iv) 2023 SCC OnLine 933 (Kamal vs. State (NCT of Delhi)

3. On the other hand, Mr. Pankaj Kumar, the learned Public Prosecutor has submitted that there was no past enmity between the deceased and the accused rather the accused are unknown persons and, therefore, the Court has rightly placed reliance on the evidence tendered by the prosecution witnesses to convict the appellants.

4. The learned Public Prosecutor has referred to and relied on the following judgments in support of his submissions:

(i) 2023 Live Law (SC) 120 (Ram Gopal vs. State of Madhya Pradesh)

5. Judgment reserved.

6. The learned counsel for the appellants and the learned counsel for the Public Prosecutor are permitted to file written submissions within next one week.

(Shree Chandrashekhar, J.)

(Anubha Rawat Choudhary, J.) Mukul