Neutral Citation No. ( 2025:JHHC:24249-DB ) Criminal Appeal (D.B.) No. 798 of 2015 Against the judgment of conviction dated 03.09.2015 and order of sentence dated 04.09.2015 passed by Sri Shailendra Kumar Singh, learned Additional Sessions Judge III, Giridih in S. T. No. 317 of 2011. --- Sakil Anwar S/o Anwar Alam, R/o MTS Colony, K.B. College Campus, Kathara, PO Bermo, PS Bokaro Thermal, District Bokaro … … Appellant Versus The State of Jharkhand … … Respondent --- For the Appellant : Mrs. J. Mazumdar, Advocate For the Respondent : Mrs. Priya Shrestha, Special P. P. --- Present: HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON’BLE MR. JUSTICE AMBUJ NATH --- C.A.V. Order Heard Mrs. J. Mazumdar, learned counsel for the appellant and Mrs. Priya Shrestha, learned Special P. P. for the State. 2. This appeal is directed against the judgment of conviction dated 03.09.2015 and order of sentence dated 04.09.2015 passed by Sri Shailendra Kumar Singh, learned Additional Sessions Judge III, Giridih in S. T. No. 317 of 2011 whereby and whereunder the appellant has been convicted for the offences punishable under Sections 302, 397 and 412 of Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs. 10,000/- and in default in payment of fine to undergo rigorous imprisonment for additional one year for the offence punishable under Section 302 I.P.C; rigorous imprisonment for 10 years and Rs. 10,000/- fine for the offence punishable under Section 397 I.P.C. and in default in payment of fine to undergo rigorous imprisonment for additional one year and rigorous imprisonment for 10 years along with a fine of Rs. 10,000/- and in default in payment of fine to undergo further rigorous imprisonment for one year for the offence punishable under Section 412 I.P.C. All the sentences have been directed to run concurrently. 3. A written report was submitted by Sub-Inspector Ramashish Singh on 18.07.2011 in which it has been stated that at about 5:00 P.M., Neutral Citation No. ( 2025:JHHC:24249-DB ) 2 the villagers of Kaskutaiya, Manakdiha had informed the Officer Incharge, Birni Police Station that near Irgadih in Kowad Koderma road from a white colour Ambassador car, a person who was grievously injured was thrown out and the Ambassador vehicle was speedily going away. The villagers had also disclosed that the injured person is named Thanu Turi who was the driver of the Ambassador car. At this information, check posts were stationed near the gate of the police station and on Barmasia chowk. It has been alleged that at about 6:00 P.M., a white colour Ambassador car was seen speedily coming which was stopped near the police station and the driver tried to flee away, but he was apprehended and he disclosed his name as Sakil Anwar (appellant). His trousers were smeared with blood. On search of the vehicle, blood was found in the ceiling and steering of the car. A blood stained brown colour bag was recovered and on search of the bag, a blood stained dab, two number plates and owner book, an iron rod and a mobile set as well as a sim were recovered. The injured Thanu Turi was admitted to Primary Health Centre, Birni, where in course of treatment, he died. 4. Based on the aforesaid allegations, Birni P. S. Case No. 91 of 2011 was instituted against Sakil Anwar for the offences punishable under Sections 394/302 of I.P.C. After 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 S. T. No. 317 of 2011. Charge was framed against the accused for the offences punishable under Sections 397, 302 & 412 of 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. 5. The prosecution has examined as many as 12 witnesses in support of its case. P.W. 1 – Pramod Singh did not support the case of the prosecution and was declared hostile. P.W. 2 – Pappu Swarnkar has stated that on the date of occurrence, he was not in his village and when he returned, he came to know that the driver of Ambassador car has been murdered. Neutral Citation No. ( 2025:JHHC:24249-DB ) 3 P.W. 3 – Sunil Swarnkar and P.W. 4 – Krishna Kant Verma did not support the case of the prosecution and were declared hostile by the prosecution. P.W. 5 – Bandhan Bhagat was posted as an Officer Incharge of Birni Police Station and has stated that on 18.07.2011, Ramashish Singh had given a written application on the basis of which Birni P. S. Case No. 91 of 2011 was instituted. The written report has been proved and marked as Exhibit 2. The formal FIR has been marked as Exhibit 3. After registering the FIR, he had taken over investigation of the case. He had received the seizure list which has been marked as Exhibit 1/B. He had inspected the place of occurrence which is a metal road from Kowad road to Koderma via Bharkatta near Irga river. The place of occurrence is a lonely place. He had prepared the inquest report of the deceased which has been marked as Exhibit 4. The dead body was thereafter sent to Sadar Hospital, Birni for post mortem. He has seized the shirt and vest of the deceased and had prepared the seizure list. The seized dab and blood stained shirt of the deceased was sent to Forensic Science Laboratory for forensic examination. In cross-examination, he has deposed that he did not find any blood at the place of occurrence. He had not collected the blood sample of the deceased. P.W. 6 – Khirodhar Mahto had stated that on 18.07.2011, he was in his house and received information from the police station that driver Thanu Turi had been murdered. He had gone to Birni hospital along with Chintamani Turi, Pintu Turi and Bablu Turi. In cross-examination, he has deposed that police did not question him. P.W. 7 – Chintamani Turi has stated that the incident is of 3 years back and he was called to Birni Police Station. He and three others had gone to Birni Hospital where he had seen the dead body of his cousin brother Thanu Turi. P.W. 8 – Pintu Turi has stated that he had received an information that his brother Thanu Turi had been murdered. He had seen the dead body in the hospital. Neutral Citation No. ( 2025:JHHC:24249-DB ) 4 P.W. 9 – Bablu Turi has stated that he was in his village when he came to know that his cousin brother has been murdered. He has seen the dead body in the hospital. P.W. 10 – Dr. Shashi Prakash Sharma was posted as a Medical Officer in Sadar Hospital, Birni and on 19.07.2011, he had conducted autopsy on the dead body of Thanu Turi and had found the following: “1. Rigour Mortis was present on all four limbs, eyes, semi open, mouth open. 2. On external examination: (i) Open wound 6” x 3” bone deep at left elbow joint with bone showing out and hand loosely hanging, left thumb of left hand hanging due to cut injury from base of thumb and palm. Bone deep injury posterily at upper parts of head with fracture bone pieces showing. (ii) Antimortem deep cut injury ½ “ x ¼ “ X muscle deep at right middle finger top of right hand. 3. On dissection: (i) Fracture of right and left parietal skull bone. Fracture radius ulna bone and humerus of left hand fracture storm found. (ii) All organs lungs, liver, spleen, kidney congested. (iii) Heart, blood present on the right side. (iv) Stomach digested food present. (v) Urinary bladder full, brain tissue haemorrhage clots at injury site.” The cause of death was opined to be due to shock and haemorrhage from the wounds described. He has proved the post mortem report which has been marked as Exhibit 6. P.W. 11 – Ramashish Singh is the informant of the case who was posted as a Sub-Inspector of Police in Birni Police Station and on 18.07.2011, a telephonic call was received in the police station at 5:00 P.M. from village Manakdiha that a person has been thrown in an injured state from an Ambassador car bearing registration no. JH11D/7225 and this car was speedily going away. The injured has disclosed his name as Thanu Turi and he was the driver of the car. Villagers had disclosed that they had taken the injured to Primary Health Centre, Birni. On this information, check posts were set-up in front of the police station and at Barmasia chowk. He has stated that at about 6:00 P.M., an Ambassador car was seen coming which was stopped and the person who was driving the car tried to flee away but he was apprehended. There was specs of blood on his wearing apparels. He has disclosed his name Neutral Citation No. ( 2025:JHHC:24249-DB ) 5 which this witness has forgotten. The inside of the car was inspected and blood stain was found inside the car. A bag was recovered which contained a dab, mobile, sim, iron rod etc. Two number plates of the car were also recovered. A seizure list was prepared which was signed by Pramod Singh and Krishna Kant Verma as witness. When he reached to Primary Health Centre, Birni, he came to know that Thanu Turi had died. In cross-examination, he has deposed that he cannot name the person who had given the information over phone. He has stated that the blood stained shirt and vest were not sealed in his presence. P.W. 12 – Hridyesh Kumar Sinha was the Assistant Director, Forensic Science Laboratory, Ranchi. The FSL report of Forensic Science Laboratory was sent to C.J.M., Giridih vide Memo dated 17.05.2013. He has proved the forwarding letter which has been marked as Exhibit 7. He has stated that on 08.08.2011, his office had received the exhibits in a wooden box in connection with Birni P. S. Case No. 91 of 2011. On opening the box, two packets were found which have been marked as ‘A’ and ‘B’. On opening ‘A’, a rusted iron rod was found which contained blood and packet ‘B’ contained the blood stain torn shirt. The biological report which is in two pages has been marked as Exhibit 8. The post mortem report has been proved and marked as Exhibit 8/1. The authorization letter issued to this witness has been marked as Exhibit 9. 6. The statement of accused was recorded under Section 313 Cr.P.C. in which he has simply denied his involvement in the offence. 7. Mrs. J. Mazumdar, learned counsel for the appellant has submitted that there is no eye-witness to the occurrence and only on the basis of circumstantial evidence, the appellant has been convicted. She has submitted that the appellant is in custody for more than a decade. 8. Mrs. Priya Shrestha, learned Special P. P. for the State has submitted that the appellant was apprehended by the police and several incriminating articles were recovered and the involvement of the appellant in the murder has further been enhanced on account of the FSL report. Neutral Citation No. ( 2025:JHHC:24249-DB ) 6 9. We have heard the submissions of the respective parties and have also perused the lower court records. 10. As would appear from the recital of the case, the appellant has been implicated on the basis of circumstantial evidence. No body had seen the appellant inflicting the bodily injury upon Thanu Turi, but the circumstantial evidence does indicate the active involvement of the appellant in the commission of the offence. 11. A telephonic information received from the villagers revealed that a person had been thrown from an Ambassador car bearing registration no. JH11D/7225 in an injured state and the vehicle was moving speedily. At this information, check posts were set-up by the police and at 6:00 P.M., the Ambassador car was seen coming and it was stopped. The person who was driving the car tried to escape, but he was apprehended and he disclosed his name as Sakil Anwar (appellant). Specs of blood inside the car and in the wearing apparels of the appellant were detected. The bag recovered from inside the car contained a blood stained dab apart from other articles. The FSL report (Exhibit 8/1) reveals that the blood found on the dab and that on the shirt of the deceased are of same human origin. The post mortem report indicates that the injuries found on the person of the deceased were caused by sharp cutting weapons which can be attributed to the appellant. 12. The entire sequence of the events leading to arrest of the appellants, the recovery of incriminating articles from inside the car and the FSL report – all indicate that it was the appellant who while attempting to commit robbery had grievously injured the driver of the car, who ultimately died and in such circumstances, the impugned judgment of conviction and sentence does not necessitate any interference and consequently this appeal is dismissed. (Rongon Mukhopadhyay, J.) (Ambuj Nath, J.) Jharkhand High Court at Ranchi The 18th day of August, 2025 R.Shekhar/NAFR/Cp.3