Jharkhand High Court
Sripat Marandi @ Sri Pati Marandi vs The State Of Jharkhand on 6 May, 2025
Author: Rongon Mukhopadhyay
Bench: Rongon Mukhopadhyay, Sanjay Prasad
Neutral Citation No. ( 2025:JHHC:13758-DB )
Criminal Appeal (DB) No. 883 of 2012
(Against the judgment and order of conviction and sentence
dated 10.05.2012 (sentence passed on 14.05.2012) passed by
Sri Shrikant Roy, learned Additional Sessions Judge-I, Pakur
in Sessions Case No. 172/2007.)
1. Sripat Marandi @ Sri Pati Marandi, S/o Gayna Marandi.
2. Stephen Marandi, S/o Sri Triti Marandi.
3. Ishwar Hembram, S/o Jetha Hembram.
4. Choto Murmu, S/o Kisto Murmu.
5. Hopna Marandi, S/o Chunda Marandi.
6. Moto Marandi @ Naresh Marandi, S/o Chunda Marandi.
7. Chunda Marandi, S/o Late Bara Bhado Marandi.
8. Aaresh Marandi, S/o Chunda Marandi.
Appellant nos. 1-4- R/o Vill- Murgadanga, P.O. + P.S.-
Maheshpur, Dist.- Pakur.
Appellant nos. 5-8- R/o Vill- Datoi, P.O. + P.S.-
Maheshpur, Dist.- Pakur.
... Appellants
Versus
The State of Jharkhand ... Respondent
With
Criminal Appeal (DB) No. 653 of 2012
Daniel @ Prem Marandi, S/o Sripati Marandi, R/o Vill-
Murgadanga, P.O. + P.S.- Maheshpur, Dist.- Pakur.
... Appellant
Versus
The State of Jharkhand ... Respondent
----
PRESENT
HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
HON'BLE MR. JUSTICE SANJAY PRASAD
----
In. Cr. Appeal (DB) No. 883 of 2012.
For the Appellants : Mr. Rajeeva Sharma, Sr. Adv.
For the State : Mr. P.K. Appu, A.P.P.
In. Cr. Appeal (DB) No. 653 of 2012.
For the Appellant : Mr. Rajeeva Sharma, Sr. Adv.
For the State : Mr. Vineet Kr. Vashistha, Spl. P.P.
----
CAV JUDGMENT
Dated : 06/05/2025
Per Rongon Mukhopadhyay, J. :
1. Heard Mr. Rajeeva Sharma, learned senior counsel for the
Neutral Citation No. ( 2025:JHHC:13758-DB )
appellants and Mr. P.K. Appu, learned A.P.P. in Cr. Appeal (DB)
No. 883 of 2012 and Mr. Vineet Kumar Vashistha, learned Spl.
P.P. in Cr. Appeal (DB) No. 653 of 2012.
2. Since both these appeals arise out of a common judgment,
they are being disposed of by this common order.
3. These appeals are directed against the judgment and order
of conviction and sentence dated 10.05.2012 (sentence passed
on 14.05.2012) passed by Sri Shrikant Roy, learned Additional
Sessions Judge-I, Pakur in Sessions Case No. 172/2007 whereby
and whereunder, the appellants have been convicted for the
offences punishable under Section 148 and Section 302 read
with Section 149 IPC and have been sentenced to rigorous
imprisonment for life for the offence under Section 302 /149 IPC
and have also been fined Rs. 5,000/- under Section 302 IPC. No
separate sentence under Section 148 IPC has been passed. The
appellant is to undergo simple imprisonment for one year, if the
fine amount is not deposited.
4. The prosecution case arises out of the fardbeyan of Dinesh
Marandi recorded on 25.04.2007, in which it has been stated
that in the morning, the informant had gone along with his father
to Kanhaipur. It has been alleged that at 8:00P.M., when they
were returning near a pond at village Murgadanga, they were
surrounded by Hopna Marandi, Mota Marandi, Aaresh Marandi,
Chunda Marandi, Sripati Marandi, Ishwar Marandi, Chhoto
Murmu, Stephen Marandi and Daniel Marandi and they started
assaulting the father of the informant. The informant had fled
away from another route and informed the villagers about the
incident. It has been alleged that after some time the accused
persons had brought the father of the informant to Kichadhab
which is in the periphery of the village of the informant and
assaulted him there also. The informant had raised an alarm,
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but none of the villagers had come to the rescue of the father of
the informant due to fear. After committing the assault, the
accused persons fled away towards Murgadanga. When the
accused persons had left, the informant along with some villagers
had come to the place where the father of the informant was lying
unconscious with several injuries on his person. The informant
and others had taken away his father to the hospital. The reason
for the occurrence is a previous land dispute.
Based on the aforesaid allegations, Maheshpur P.S. Case
No. 71/2007 was instituted under Sections 147, 148, 149, 341,
323, 324, 325, 326, 307 and 379 IPC. On completion of
investigation, charge sheet was submitted and after cognizance
was taken, the case was committed to the Court of Sessions,
where it was registered as Sessions Case No. 172/2007. The
charge was framed against the accused under Section 148, 149,
324, 325, 326, 307, 302, 379 and 341 IPC which was read over
and explained to the accused in Hindi to which they pleaded not
guilty and claimed to be tried.
5. The prosecution has examined as many as eleven
witnesses in support of its case:
P.W.1 Jankilal Hembram has stated that the incident is of
seven months back and he had gone to Murga Tola in the house
of his nephew Tunkai Hembram. On hearing a commotion, he
had gone near the pond where several persons had assembled.
He had seen Suban Marandi being assaulted by 11 accused
persons with lathis. All the accused persons were variously
armed with bhala, lathi, bow and arrow, knife and sword. The
accused persons had dragged Suban Marandi to Kichadhab and
had committed assault upon him. After committing assault, the
accused persons had left the place of occurrence. After the
accused persons had left, he, Subodh Tudu, Somai Tudu and
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others went near Suban Marandi where he was found in an
unconscious state with several injuries on his person. The
incident occurred on account of a previous land dispute between
the accused person and the deceased Suban.
In cross-examination, he has deposed that his statement
was recorded by the Police. He had not stated to the Police that
he had gone to the house of his nephew at Murga Tola. He had
reached near Suban, immediately after the assault.
P.W.2 Subodh Tudu was in his house when on hearing a
commotion, he had gone near the pond where he found Suban
Marandi being assaulted by the accused persons. Suban was
assaulted and taken towards Kichadhab, where also, he was
subjected to assault. There were several persons of the village
who had witnessed the occurrence. After committing the assault,
the accused persons fled towards Murga village. Suban was
found unconscious with his hands and legs broken. He was
brought on a cot to the Police Station and thereafter, to the
hospital from where he was taken to Rampurhat Hospital where
in course of treatment, he died.
In cross-examination, he has deposed that his statement
was recorded by the Police. It was Jankilal, Rajesh, Dinesh and
Kaku who were the first persons to reach the place of occurrence.
P.W.3 Jhakran Murmu has stated that when the incident
had occurred, he had gone to graze the cattle at the place where
Suban Marandi was being assaulted by the accused persons. Her
husband and son were returning on a bicycle from Kanhaiyapur
village and when they reached near the pond, the accused
persons came out and surrounded them. Her son Dinesh
Marandi had fled away from another road when he saw the
assault being committed upon his father. Her husband, while
being assaulted, was taken towards a field. She had tried to save
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her husband but Sripati and Hopna had caught hold of her hand
and threw her aside. She has stated that her husband was taken
towards Kichadhab where he was assaulted with bhala, lathi and
knife. The occurrence was witnessed by her son, daughter and
several villagers. After committing the assault, the accused
persons had fled away towards Murgadanga village.
In cross-examination, she has deposed that her husband
and the accused Gayna are brothers. When she had reached near
Suban, he was found unconscious and blood was coming out
from his head.
P.W.4 Kaku Soren has stated that she was picking mahua
besides the pond when she saw Suban and Dinesh Marandi
coming on two separate bicycles and when Suban reached near
the pond, he was surrounded by the accused persons who
started assaulting him with various weapons and he was taken
towards the field. Dinesh got frightened and fled towards the
village. She also became frightened and went at a distance from
where she was witnessing the assault. The accused persons had
taken Suban to Kichadhab, where also he was assaulted. After
committing the assault, all the accused persons fled away
towards Murgadanga village. When he and the others reached
the place of occurrence, they found Suban in an unconscious
state. His hands and legs were found broken and there were
injuries over his temple and eyes. Suban Marandi was taken to
Maheshpur P.S. and thereafter to Maheshpur Hospital from
where he was taken to Rampurhat Hospital where he ultimately
succumbed to his injuries.
In cross-examination, she has deposed that the Police had
recorded his statement on the date of occurrence itself. She had
not told the Police that Daniel and Stephen had lathis in their
hand. She was the first person to reach Suban.
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P.W.5 Hopanmai Marandi has stated that she was going
towards the field to throw paddy when on hearing a cry of alarm,
she saw somebody being assaulted. When she went near the said
place, she saw her father being assaulted by the accused
persons. All the accused persons were armed with various
weapons. When she had tried to intervene, she was pushed and
felled on the ground by Hopna and Sripati. Her father was
thereafter taken to Kichadhab where also, he was subjected to
assault. After committing the assault, the accused persons fled
away towards Murgadanga. When the accused persons fled
away, she went near her father and saw several injuries on his
person with his hands and legs broken. Her father was taken to
the Police Station and from there to Maheshpur Hospital and
thereafter to Rampurhat Hospital where in course of treatment,
he died.
In cross-examination, she has deposed that her statement
was recorded by the Police. She did not suffer any injury when
she was thrashed to the ground.
P.W.6 Dr. Hiranmai Ghosh was posted as a Medical Officer
in Sub-Divisional Hospital, Rampurhat and on 26.04.2004, he
had conducted autopsy on the dead body of Suban Marandi and
had found the following:
(i) Lacerated wound of left eye involving all
structures of eye causing disfiguration of
eyeball with punctured left orbit cavity and
pace of skull left margin.
(ii) Fracture proximal phalanx of middle finger
of right hand.
(iii) 2" x 1½" x 1" lacerated injury over right
elbow.
(iv) Multiple abrasion over left shoulder area.
(v) On opening skull- 2" x 2" circular hematoma
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on left fronto temporal area of brain found.
Spinal cord was intact.
(vi) Heart- left chamber empty, right chamber
contained blood and blood clots. Valves of
ribs and cartilage intact.
(vii) Right and left lungs were pale. Stomach
empty. Large intestine contained faeces and
gases. Liver, Spleen and Kidney were pale.
Bladder was empty. External and internal
genitals were normal.
The cause of death was opined to be on account of shock
and hemorrhage from the above-mentioned injuries which were
anti-mortem and homicidal in nature. He has proved the post-
mortem report which has been marked as Exhibit 1.
P.W.7 Dinesh Marandi is the informant who has stated
that on 25.04.2007 at 8:00am, he was returning to his house
from Kanhaipur along with his father Suban Marandi and when
they reached near the pond at Murgadanga village, the accused
persons had surrounded his father and started assaulting him
with various weapons. When he saw his father being assaulted,
he fled towards his village on his bicycle through a different
route. He had disclosed the incident to his family members and
to the villagers and when they went to the place of occurrence,
they saw his father being dragged towards Kichadhab where he
was once again assaulted. When the accused persons after
committing the assault fled away, he went near his father whom
he found to be in an unconscious state. Both his hands and legs
were found broken and there were injuries on his person. His
father was taken on a cot to Maheshpur hospital from where he
was referred to Sadar Hospital, Pakur and from there to Sadar
Hospital, Rampurhat, where his father died during treatment.
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His father had a bicycle and a bag containing some documents
relating to land which were taken away by the accused persons.
His fardbeyan was recorded at Maheshpur Hospital which has
been proved and marked as Exhibit-2. He has proved his
signature on the inquest report which has been marked as
Exhibit-3.
In cross-examination, he has deposed that in his statement
before Police, he had taken the name of Gayna Marandi and Dilip
Murmu. The accused Gayna Marandi is his uncle. In the land
related case of Jamabandi No. 20, judgement has already been
passed by the Court. When he and the others had reached near
his father, he was already lying unconscious. It is not a fact that
his father was not taken to Papur Hospital and he was straight
away taken to Rampurhat Hospital.
P.W.8 Rajesh Marandi has stated that at the time of the
incident, he was in his village. There was a commotion that
Suban Marandi was being assaulted. He along with the other
villagers had gone to the pond near Murga Danga where he saw
Sripati Marandi, Chhoto Murmu, Dilip Murmu, Stephen
Marandi, Daniel Marandi, Chandu Marandi, Haresh Marandi,
Hopna Marandi, Mota Marandi, Ishwar Marandi and Gayna
Marandi, total 11 persons committing assault upon Suban
Marandi. They had taken Suban Marandi towards Kichadhab,
where also he was subjected to assault. Since the accused
persons had weapons with them, he could not out of fear try to
save him. Chandu Marandi, Mota Marandi, Gayna Marandi and
Ishwar Marandi had lathis in their hands, while Stephen
Marandi, Haresh Marandi and Dilip Murmu had bows and
arrows. Sripati had a knife, while Chhoto Murmu had a sword.
Hopna and Daniel Marandi had spears in their hand. The
accused persons were indiscriminately assaulting Suban
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Marandi with their weapons. After committing the assault, the
accused persons had fled away towards Murgadanga. He and the
others thereafter went near Suban Marandi and found him
unconscious with various injuries on his person including
fracture of hands and legs. Suban Marandi was thereafter taken
to Maheshpur Hospital. There was a land related litigation going
on between the parties.
In cross-examination, he has deposed that his statement
was recorded by the Police after two days. He has deposed that
near Murgadanga pond, there is a middle school of which he is a
teacher. The teacher or the students had not come to the school
when the incident had occurred.
P.W.9 Nasir Marandi has stated that it was 8:00am and he
was in his house and when he heard a commotion, he came to
know that his father Suban Marandi was being assaulted. When
he, along with other villagers went to the pond near Murgadanga
school, he saw 12 accused persons assaulting his father and
taking him towards Kichadhab, where in the agricultural field,
he was once again subjected to assault. All the accused had
various weapons in their possession. After the accused persons
had fled away, he along with his mother went to the place where
his father was lying. Several villagers had also come. He had seen
the legs and hands of his father fractured. His father was taken
to Maheshpur Hospital and thereafter to Rampurhat hospital,
where he died. When he had gone to the place of occurrence on
hearing the cry of alarm, there were 15/16 villagers with him.
In cross-examination, he has deposed that his statement
was recorded by the Police. He had taken the name of Ishwar
Murmu and Dilip Murmu before the Police. When he had reached
near his father, he was unconscious.
P.W.10 Shri Paswan was posted as a Junior Sub-Inspector
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of Police in Maheshpur P.S. and on 25.04.2007 at 5:00P.M., he
had heard a rumour that from village Datoi, an injured person
has come to Primary Health Centre, Maheshpur. After making a
station diary entry, he had visited Primary Health Centre,
Maheshpur for enquiry and in course of the same, he had
recorded the fardbeyan of Dinesh Marandi. He has proved his
signature in the fardbeyan which has been marked as Exhibit-
2/1. The endorsement on the fardbeyan has been proved and
marked as Exhibit-2/2. He had taken over the investigation and
had recorded the restatement of the informant and had also
issued a requisition for the injuries. The injured Suban Marandi
was not in a position to give his statement. He had inspected the
place of occurrence which is the under constructed road from
Murgadanga to Datoi besides an adjacent pond. The deceased
was assaulted in Plot No. 489, Jamabandi No. 20. He had
recorded the statements of Subodh Tudu, Rajesh Marandi,
Jankilal Hembram and Sobe Tudu. On 26.04.2007 at 4:30P.M.,
Dinesh Marandi had come to the Police Station and informed that
Suban Marandi has died in Rampurhat Hospital in course of
treatment. He had also disclosed that the post-mortem of his
father has already been conducted in Rampurhat Hospital. He
had also recorded the statements of Kaku Soren, Hopanmai
Marandi, Jhakran Murmu and Naseer Marandi. On 05.07.2007,
he had obtained the post-mortem report of Suban Marandi. On
the orders of the superior authority, he had submitted a charge
sheet against nine persons, keeping the investigation pending
against Gayna Marandi and Dilip Murmu. He has proved the
formal FIR which has been marked as Exhibit-4.
In cross-examination, he has deposed that he had not
found any signs of dragging between the first place of occurrence
and the second place of occurrence. No blood was detected in
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either of the places or on the road. No weapons were seized from
the house of the accused. The informant, neither in his
fardbeyan, nor in his restatement had taken the names of Gayna
Marandi and Dilip Murmu. The witness Subodh Tudu, Rajesh
Marandi, Jankilal Hembram and Sobe Tudu had also not taken
the name of Gayna Marandi and Dilip Murmu. The witness had
taken the name of Ishwar Marandi. He had recorded the
statement of Jankilal Hembram who had not stated about
visiting the house of his nephew, Tunkai Hembram. He had also
not stated that Suban had regained consciousness at the place
of occurrence and his statement was recorded by the Police. He
had not found any bicycle at the place of occurrence.
P.W.11 Sobe Tudu has stated that he was in his house
when on hearing a commotion, he had gone to Murgadanga along
with other villagers where he saw the accused persons taking
away Suban Marandi towards Kichadhab. The accused persons
were assaulting him with various weapons. The accused persons
had assaulted and made unconscious Suban Marandi at
Kichadhab and thereafter, fled away towards Murgadanga. After
the accused persons fled away, he went near Suban whom he
found unconscious. He had seen several injuries on the person
of Suban and both his legs and hands were crushed. Suban died
at Rampurhat Hospital.
In cross-examination, he has deposed that there was a pool of
blood at the place where Suban was lying unconscious. He had
seen injuries with knife and spear.
6. The statements of the accused were recorded under Section
313 Cr.P.C. in which they have denied their complicity in the
commission of the offence.
7. The defence has examined two witnesses in support of its
case:
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D.W.1 Krishna Chandra Das was posted at Maheshpur
High School. He has proved the birth certificate of Prem Marandi
which has been marked as Exhibit-A. He has proved the entry in
the register which has been marked as Exhibit-B.
D.W.2 Shyam Charan Kewat has proved some receipts
which have been marked as Exhibit-B/1 and B/1 to B/10.
In cross-examination, he has deposed that the receipts were
not prepared in his presence.
8. It has been submitted by Mr. Rajeeva Sharma, learned
senior counsel for the appellants that the authenticity of the
fardbeyan dated 25.04.2007 recorded at Maheshpur Primary
Health Centre is rendered suspicious and manipulated in view of
the fact that the inquest report and the post-mortem of the
deceased was done on 26.04.2007 at Rampurhat Hospital vide
U.D. Case No. 114/07 without the knowledge of the Investigating
Officer. The place of occurrence has not been proved as no blood
was found at the said places by P.W.10. It has been submitted
that the post-mortem report does not support the allegation of
assault committed with sharp cut weapons. The prosecution has
failed to bring on record any evidence of the treatment of the
deceased at Maheshpur Primary Health Centre, Sadar Hospital,
Pakur and Sub-Divisional Hospital, Rampurhat.
9. Mr. Vineet Kumar Vashistha, Spl. P.P and Mr. P.K. Appu,
learned A.P.P. have submitted that there are several
eyewitnesses to the occurrence who have stated about seeing the
appellants being variously armed surrounding the father of the
informant and committing indiscriminate assault resulting in his
death. The autopsy report also corroborates the manner of
assault attributed to the appellants.
10. We have heard the learned counsel for the respective parties
and have also perused the trial court records.
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11. The incident seems to be of an assault committed upon the
father of the informant by the accused persons including the
appellants and several witnesses have claimed to have seen the
incident. The deceased was initially taken to Primary Health
Centre, Maheshpur and thereafter, on being referred to Sadar
Hospital, Pakur and finally to Sadar Hospital, Rampurhat. Before
considering the submission of the learned senior counsel for the
appellants regarding the FIR being antedated and a suspicious
piece of document, we shall consider the evidence of the
witnesses. The fardbeyan reveals that despite an alarm being
raised by the informant (P.W.7), none of the villagers had arrived
at the scene to save Suban Marandi for the murderous assault
committed upon him by the accused persons. The villagers had
subsequently arrived on seeing the accused persons fleeing
away. P.W.7, however, in his evidence has developed such
version by stating that his family members as well as the villagers
had rushed to the said spot. The arrival of the villagers is a
common refrain from all the witnesses and P.W.9 has gone to the
extent that there were 15/16 villagers who had arrived at the
place of occurrence. Surprisingly, even though the villagers and
the family members far outnumbered the accused persons, but
none dared to prevent the assault or take efforts to save Suban
Marandi. Instead, all watched the assault and only approached
the unconscious Suban Marandi after the accused persons had
left the place of occurrence. Such evidence appears to be fragile
in nature for the reasons mentioned hereinabove. The other
consistent feature of the case is that Suban Marandi was dragged
from the first place of occurrence to Kichadhab where he was
once again subjected to assault. The weapons used by the
accused persons were lathis, bows and arrows, spear, sword and
knife. The deceased had suffered four injuries on his person
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which is quite a contrast to the allegation of multiple persons
committing a concerted assault with dangerous weapons as
described in the evidence of the witnesses. Injury No. (i) proved to
be fatal which was a piercing wound on the left eye, whereas the
rest of the injuries were not sufficient to cause death in ordinary
course of nature. Almost all the witnesses have stated about the
hands and legs of the deceased having been broken, but no such
injuries were found which furthermore, nullifies the assertion
made by them. The evidence of the Investigating Officer (P.W.10)
is an interesting read in the backdrop of the evidence of the other
witnesses as he had neither found any signs of dragging from the
first place of occurrence to the second place of occurrence, nor
had he found any blood along the way or at the different places
where the assault had taken place. These contradictions would
be fatal to the prosecution case when we also take into
consideration that there was a long-standing land dispute
between both the parties.
12. It is said that Suban Marandi was taken to Primary Health
Centre, Maheshpur and thereafter on being referred to Sadar
Hospital, Pakur and finally to Sadar Hospital, Rampurhat. None
of the references have been exhibited by the prosecution. On
account of the death of Suban Marandi at Sadar, Hospital
Rampurhat, U.D. Case No. 114/07 was registered which finds
place in the post-mortem report and the inquest report. The
statement of the informant recorded in the inquest report reveals
that the informant had straightaway brought his father to Sub-
Divisional Hospital Rampurhat. P.W.10 has stated that the
information about the death and the conducting of the autopsy
at Sub-Divisional Hospital, Rampurhat was given to him by the
informant. The entire gamut of circumstances would indicate
that the fardbeyan of the informant recorded at Primary Health
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Centre, Maheshpur comes within the realm of suspicion and
cannot be relied upon for the purposes of conviction.
13. In the totality of the facts and circumstances noted above,
we come to the conclusion that the learned trial court has not
appreciated the evidence on record in its proper perspective and
consequently, we set aside the judgment and order of conviction
and sentence dated 10.05.2012 (sentence passed on 14.05.2012)
passed by Sri Shrikant Roy, learned Additional Sessions
Judge-I, Pakur in Sessions Case No. 172/2007.
14. These appeals are allowed.
15. Since the appellants in Cr. Appeal (DB) No. 883 of 2012 are
in custody, they are directed to be released immediately and
forthwith, if not wanted in any other case. So far as the appellant
in Cr. Appeal (DB) No. 653 of 2012 is concerned, he was released
on personal bond and in view of the appeal being allowed, he is
discharged from the same.
16. Pending I.A.s, if any, stands closed.
(RONGON MUKHOPADHYAY, J.)
(SANJAY PRASAD, J.)
Jharkhand High Court, Ranchi
Dated the 06th Day of May, 2025
Preet/N.A.F.R.
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