Laxman Ram vs The State Of Jharkhand
2025 Latest Caselaw 6444 Jhar

Jharkhand High Court

Laxman Ram vs The State Of Jharkhand on 14 October, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  Cr. Appeal (SJ) No. 326 of 2025
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1. Laxman Ram

2. Krishna Ram

3. Sanjeet Ram @ Horo Ram ...... Appellants Versus

1. The State of Jharkhand

2. Jagdish Yadav ..... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Appellants : Mr. Mahesh Tiwari, Advocate Mr. Anjani Kumar Singh, Advocate For the State : Mr. Manoj Kumar Mishra, A. P. P.

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I.A. No. 5543 of 2025

C.A.V. on 23.09.2025 Pronounced on 14/10/2025

This Criminal Appeal (SJ) No. 193 of 2025 has been filed on behalf of the appellants challenging the impugned judgment of conviction dated 21.02.2025 and sentence dated 25.02.2025 passed by Sri Rakesh Chandra, learned Additional Sessions Judge- III, Koderma arising out of Jainagar P. S. Case No. 55 of 2020 corresponding to G. R. Case No. 216 of 2020 [Sessions Trial No. 199 of 2021] by which the appellants have been convicted for the offences under Sections 307 and 323/34 of the Indian Penal Code and sentenced to undergo R. I. for a period of five (5) years and to pay the fine of Rs. 5,000/- for the offence under Section 307 of the Indian Penal Code and sentenced to undergo S. I. for a period of Three (3) months and to pay the fine of Rs. 500/- for the offence under Section 323 of the Indian Penal Code However, all the sentences have been directed to run concurrently.

2. The present case was instituted on the basis of written report of Jagdish Yadav stating therein that on 03.04.2020 at about 8.00 PM while he was in his house, in the meantime, the accused persons namely Nathu Ram, Laxman Ram, Mantos Ram, Horo Ram, Ramu Ram, Ramawatar Ram, Ravi Ram, Ashok Ram, Singa Ram and Krishna Ram armed with sword, knife, lathi and danda came to the house of Informant and started pelting stones and bricks on the corrugated roof of the house of the Informant. On protest by the Informant, the accused persons started assaulting them and due to which Arun Yadav, Chhedi and Kanhaiya Yadav sustained injuries.

3. I.A. No. 5543 of 2025 has been filed on behalf of the appellants under Section 430 (1) and (2) of BNSS for the suspension of their sentence and for grant of bail, during the pendency of the Criminal Appeal.

4. Heard learned counsel for the appellants and learned A.P.P. 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 is illegal and not sustainable in law. It is submitted that the allegations against the appellants are false and concocted and they have been falsely implicated in this case. It is submitted that during trial the appellant no. 1, Laxman Ram, appellant no. 2, Krishna Ram and appellant no. 3, Sanjeet Ram @ Horo Ram were custody for around two (2) and half (1/2) months, two (2) months and one (1) month respectively and after conviction, they are in custody since 21.02.2025 i.e. for around eight (08) months i.e. total around ten (10) months and hence, the appellants may be enlarged on bail.

6. On the other hand, learned counsel for the State has

opposed the prayer for bail and has submitted that all the appellants have assaulted the Informant and his family members and hence the prayer for bail of the appellants may be rejected.

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

8. It transpires that although P.W.-1, Babulal Pasi and P.W.-2, Kunti Devi have been declared hostile, however, P.W.-5, Jagdish Mahto is the Informant of this case and who has supported the allegation against all the above appellants.

9. So far as the oral evidence is concerned, it transpires that P.W.-1, Babulal Pasi is a hearsay witness as he learnt from the injured/Informant that Nathu Ram had assaulted the injured - Chhedi Yadav on his back by knife and the said Nathu Ram had also assaulted the injured- Bhagirath Ram in his abdomen by knife. Though P.W.-1, Babulal Pasi during his cross-examination admitted that he had gone to the place of occurrence after hearing about the occurrence and he is giving evidence as per the instruction of Chhedi Yadav i.e. P.W.-7.

10. It further appears that P.W.-2, Kunti Devi has also supported the prosecution case. P.W.-3, Kaushalya Devi, who is the wife of Munshi Yadav and who is the eye witness, have stated that Horo Ram (i.e. the appellant no. 3) assaulted Chhedi Yadav by knife whereas Kanhaiya Yadav had assaulted by rod on his head. She also admitted during her cross-examination that they are relatives and Jagdish Yadav and Munshi Yadav are cousin. P. W.-4, Rameshwar Yadav has also supported the prosecution case to the extent that Horo had assaulted Arun by knife where other accused were pelting stone. However, he had not gone out of fear.

11. P.W.-5, Jagdish Mahto is the Informant of this case and stated during his evidence that while he was sitting in his house,

then miscreants along with the appellants arrived at his house and started pelting stones and then, he came out of his house to forbad them, but the accused persons again pelted stones and due to pelting of stones Arun Yadav sustained head injury and Horo Ram assaulted Chhedi Yadav on his back by knife. He further stated that Krishna Ram and Laxman Ram assaulted Kanhaiya Yadav on his head by rod and due to which he sustained head injuries and then the injured were taken to Hospital for their treatment.

12. P.W.-6, Kanhaiya Yadav and who is injured and stated during his evidence that the appellant no. 1, Laxman Ram had caught hold him and appellant no. 2, Krishna Ram had assaulted by rod on his head and due to which he sustained three head injury and blood started oozing out. However, during cross- examination, he denied to have assaulted Bhagirth Ram i.e. the person from the side of accused persons. He admitted that the Informant happens to be uncle in neighbour. He admitted that the accused persons have also instituted a case upon them.

13. P.W.-7, Chhedi Mahto and who is another injured, and who has stated that initially all the persons Laxman Ram, Sandeep Ram, Ranjeet Ram, Mantosh Ram, Shambhu Ram @ Shyamsundar Ram, Ramavatar Ram, Ravi Ram, Krishna Ram, Ashok Ram, Narsigh Ram assaulted them and he was assaulted by Sandeep Ram on his right hand and on his back by knife and due to which he sustained injury and blood started oozing out. He further stated that the appellant no. 1, Laxman Ram caught hold Kanhaiya Yadav and Krishna Ram had assaulted him by rod on his head and due to which, blood started oozing out and injured were treated firstly at Primary Health Centre, Jaynagar and thereafter referred to Sadar Hospital, Koderma and where they

were treated.

14. P. W.-8, Arun Kumar, who is another injured and he stated that he was assaulted by Krishna Ram by stone on his head and due to which he sustained injury and became unconscious and even he was assaulted by the accused persons by knife. During cross-examination, he denied for not assaulting Sunil Kumar by knife and for not causing head injury to Sujit Kumar, who is injured from the side of the accused persons.

15. P.W.-9, Dr. Diwakar Yadav is doctor and who has found following injuries on the injured.

"2. He Examined Chedi Mahto, 56 Years, Male S/o Annu Mahto, Village-Lohadanda, P.S Jainagar, Koderma on 03.04.2020 at about 08:00 P.M. and found following injuries on her body:-

A. Lacerated wound about 3 C.m X 0.5 X 1 C.m in back of chest.

B. Abrasion about 1C.m X 1 C.m in Left elbow. Τ.Ο.Ι 0-8 Hrs.

M/I -Black mole over left cheek. Opinion As Patient referred to Sadar Hospital, Koderma and reported there as injuries are simple in nature and caused by hard and blunt object.

3. On Same day at 08:00 P.M., He Examined Arun Yadav, aged about 28 Years, male 5/0 Chedi Mahto, Village-Lohadanda, P.S Jainagar, Koderma and found following injuries on his body:-

A. Lacerated wound About 4 Cm X 1Cm X 1 Cm over Scalp B. Abrasion in buttock region about 2 Cm X 1 Cm. T.O.1 0-8 Hrs.

M/1 Old Scar in Left palm.

Opinion As Patient referred to Sadar Hospital, Koderma and reported there as injuries are simple in nature. C.T. Scan head shows normal Study done At Mahavir C.T Scan Jhumari Telaiya, date 07.04.2020.

4. On Same day at 08:30 P.M., He Examined Kanhaiya Yadav, aged about 26 Years, male S/o Late Munshi Yadav, Village-Lohadanda, P.S Jainagar, Koderma and found following injuries on his body:-

A. Lacerated wound about 3 Cm X 0.5 X 1 Cm, 2 Cm X 0.5 X 1 Cm and 3 Cm X 1 Cm X 1 Cm over Scalp region (Stitching done).

Τ.Ο.Ι -0-8 Hrs.

M/I Black mole over Left cheek. Opinion As Patient referred to Sadar Hospital, Koderma and reported there as injuries appears to be simple in nature within 24 Hrs. C.T Scan report shows grievous injuries.

C.T Scan report done at Mahavir C.T Scan Jhumari Telaiya, date 07.04.2020- left parietal cortical focal haemorrhagic contusion."

16. Considering the facts and the circumstances of the case, the appellant no. 1, Laxman Ram 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 Rakesh Chandra, learned Additional Sessions Judge-III, Koderma/ or his Successor Court in connection with Jainagar P. S. Case No. 55 of 2020 corresponding to G. R. Case No. 216 of 2020 [Sessions Trial No. 199 of 2021] subject to the condition that one of the bailors should be relative of the

appellant.

17. However, so far as the appellant no. 2, Krishna Ram and the appellant no. 3, Sanjeet Ram @ Horo Ram are concerned, the prayer for bail of the appellant no. 2, Krishna Ram and the appellant no. 3, Sanjeet Ram @ Horo Ram is hereby rejected at this stage.

18. Thus, I.A. No. 5543 of 2025 stands disposed of.

(Sanjay Prasad, J.) Dated 14.10.2025 Kamlesh/