Jamuna Rawani @ Yamuna Rawani vs The State Of Jharkhand on 9 December, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                Cr. Appeal (SJ) No. 825 of 2025
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Jamuna Rawani @ Yamuna Rawani ..... Appellant Versus

1. The State of Jharkhand

2. Fuldeo Singh ..... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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                  For the Appellant        : Mr. Sumit Prakash, Advocate
                  For the State            : Mr. Rajneesh Vardhan, A P. P.
                  For the Informant        : None.

                                        .......

            I. A. No. 14962 of 2025

05/09.12.2025            This Criminal Appeal has been filed on behalf of the

appellant challenging the impugned judgment of conviction and sentence dated 26.08.2025 passed by Sri Debasis Mohapatra Learned Additional Sessions Judge III, Giridih in connection with Giridih(M) P.S. Case No. 241 of 2024 corresponding to S.T. Case No. 531 of 2024 by which the appellant has been convicted for the offences under Sections 115(2)/3(5), 117(2)/3(5) and 126(2)/3(5) of B.N.S and sentenced to undergo R.I. for a period of six (6) months for the offence under Section 115(2)/3(5) B.N.S. and sentenced to R.I. for a period of Two(2) years and to pay fine of Rs.2000/- for the offence under Section 117(2)/3(5) B.N.S. and sentenced to R. I. For a period of one month for the offence under Section 126(2)/3(5) of BNS.

However, all the sentences have been directed to run concurrently.

2. I. A. No. 14962 of 2025 has been filed on behalf of the appellant under Section 430 (1) of BNSS for the suspension of

sentence and for grant of bail, during the pendency of this Criminal Appeal.

3. The prosecution case, in brief, is that on 17.07.2024 at around 9:00 A.M., the son of the informant Fuldeo Singh namely Arvind Kumar Singh had gone out for some work and while returning back from the work on 18.07.2024 the occurrence took place. The information was received by the informant in the morning at around 5:00 A.M. that his son was lying near road at Purna Nagar, Ram Mandir Bageecha in injured condition. Getting this information, informant along with the villagers rushed to the place of occurrence, where he saw that his son was brutally assaulted and had got several injuries on his head/skull and his son informed him that Mantu Rawani, Yamuna Rawani both sons of Murli Rawani and Murli Rawani along with three other persons assaulted him at around 11:00 P.M. with intention to commit his murder using sword and rod. The right toe was also slit.

4. Heard learned counsel for the appellant and learned APP for the State.

5. It is submitted by the learned counsel for the appellant that the impugned judgment of conviction and sentence passed by the learned Court below are illegal, arbitrary and not sustainable in law. It is submitted that the appellant has committed no offence and has been falsely implicated in this case. It is submitted that the appellant has been convicted mere on suspicion. It is submitted that the main allegation was against co-convict, Mantu Rawani for assaulting the son of the Informant by sword. It is submitted that P.W.-1, Arvind Kumar Singh @ Arvind Singh i.e. the injured has also stated that he has been assaulted by Mantu Rawani (co-accused) by sword and the appellant had assaulted him by legs. It is submitted that other

prosecution witnesses are not the eye witness of the occurrence and they are hearsay witnesses. It is submitted that appellant is in custody since 19.07.2024 i.e. for around more than one (1) year and five (5) months out of R.I. for two (2) years and hence, the appellant may be enlarged on bail.

6. Learned counsel for the State has opposed the prayer for bail and has submitted that the appellant along with other co-accused Mantu Rawani had assaulted him and due to which P.W.-1, Arvind Kumar Singh @ Arvind Singh had sustained cut injury on his head. It is submitted that even the index finger of the right leg of the injured was cut. It is submitted that P.W.-1, Arvind Kumar Singh @ Arvind Singh i.e. the injured, P.W.-2, Neha Devi (wife of injured) and P.W.-4, Fuldeo Singh (father of injured and Informant of this case) have fully supported the prosecution case. It is submitted that P.W.-5, Sanjay Kumar and P.W.-6, Satendra Kumar Pal are Investigating Officers of this case and submitted charge sheet against the appellant and also supported and corroborated the prosecution case and hence, prayer for bail of the appellant may be rejected.

7. Perused the Lower Court Records and considered the submission of both the sides.

8. It transpires that the Informant has lodged the FIR on 19.07.2024 on the basis of information received from his son namely Arvind Kumar Singh @ Arvind Singh i.e. the injured.

9. It reveals from the evidence of P.W.-1, Arvind Kumar Singh @ Arvind Singh i.e. the injured that he was assaulted by co-accused Mantu Rawani on his head by the sword and due to which he sustained cut injury on his head whereas the appellant-Jamuna Rawani had assaulted by legs. He also stated that the appellant-

Jamuna Rawani has cut the index finger of his right leg by sword.

10. It reveals that P.W.-2, Neha Devi i.e. the wife of injured whereas P.W.-4, Fuldeo Singh i.e. the father of injured and Informant of this case have stated that they received information of assault upon the injured- Arvind Kumar Singh @ Arvind Singh.

11. P.W.-7, Dr. Binit Bharti is the doctor of this case and posted as Senior Resident Department of Surgery at RIMS, Ranchi and who had examined the injured at RIMS, Ranchi and had found following injuries on the injured:-

"Injuries-

(i) Stitched wound 21cm length, curvilinear, standing from lateral end of right eyebrow to left side of forehead and then to parietal region in mid-line.

(ii) Lacerated wound 4cm x 0.5 cm x subcutaneous deep, oblique, over right forehead.

(iii) Avulsed wound of distal phalanx of great toe & exposed bone & irregular, everted wound margin.

(iv) Fracture of left clavicle.

Age of injury- 12 to 24 hours.

Imaging studies

(a) X-ray left shoulder (plate no.-16020P, date 19.07.2024)

- Fracture of lateral third left clavicle.

(b) X-ray right foot (plate no.-16020P, date 19.07.2024) - Non visualization of distal phalanx of right great toe.

(c) NCCT brain and skull (plate no.-8583/01/24/P) - Fracture of anteroinferior aspect of body of C2 vertebra. Scalp hematoma with multiple air foci over right fronto- parietal region.

Mark of identification (a) A mole over left shoulder (b) A

mole over left upper abdomen.

Opinion:- Grievous injury caused by hard blunt heavy object.

12. However, it transpires that allegation of assault on the head of the Informant is upon the co-accused Mantu Rawani.

13. It transpires that the appellant is in custody since 19.07.2024 i.e. for around more than one (1) year and five (5) months out of R.I. for two (2) years.

14. Considering on the facts and the circumstances of the case and also considering the custody of the appellant, the appellant namely Jamuna Rawani @ Yamuna Rawani is directed to be released on bail on furnishing bail bond of Rs. 15,000/- (Fifteen thousand only) with two sureties of the like amount each to the satisfaction of Sri Debasis Mohapatra Learned Additional Sessions Judge-III, Giridih/or his Successor Court in connection with Giridih(M) P.S. Case No. 241 of 2024 corresponding to S.T. Case No. 531 of 2024 subject to the condition that one of the bailors must be own relative of the appellant.

15. Thus, I. A. No. 14962 of 2025 is allowed and stands disposed of.

(Sanjay Prasad, J.) Dated 09.12.2025 Kamlesh/