Neutral Citation No. ( 2025:JHHC:18011-DB ) [Against the judgment and order of conviction and sentence dated 31.03.2018 (sentence passed on 04.04.2018) passed by Sri Rama Kant Mishra, learned Additional Sessions Judge-II, West Singhbhum at Chaibasa in Sessions Trial No. 151 of 2012 and Sessions Trial No. 189 of 2013] Cr. Appeal (D.B.) No. 1347 of 2018 --------- Suresh Guriya, S/o Late Bugulia Guriya, R/o Village- Tirilposhi, P.O. & P.S.- Jeraikela, District- West Singhbhum at Chaibasa, Jharkhand … … Appellant Versus The State of Jharkhand … … Respondent With Cr. Appeal (D.B.) No. 715 of 2018 --------- Kujari Gagrai alias Kujri Gagrai, S/o Late Chokro Gagrai, R/o Village- Tirilposhi, P.O. & P.S.- Jeraikela, Town- Chaibasa, District- West Singhbhum (Jharkhand) … … Appellant Versus The State of Jharkhand … … Respondent --------- P R E S E N T HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE AMBUJ NATH --------- For the Appellants : Mr. Parwez Ahmad Khan, Advocate (In Cr. Appeal (D.B.) No. 1347 of 2018) Mrs. Shruti Shrestha, Advocate (In Cr. Appeal (D.B.) No. 715 of 2018) For the Respondents : Mrs. Vandana Bharti, A.P.P. --------- C.A.V. Order Order No. 13 / Dated, the 1st July, 2025 Per Rongon Mukhopadhyay, J. Heard Mr. Parwez Ahmad Khan, learned counsel for the appellant in Cr. Appeal (D.B.) No. 1347 of 2018, Mrs. Shruti Shrestha, learned counsel for the appellant in Cr. Appeal (D.B.) No. 715 of 2018 and opposed by Mrs. Vandana Bharti, learned Addl. P.P. for the State. 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 31.03.2018 (sentence passed on 04.04.2018) passed by Sri Rama Kant Mishra, learned Additional Sessions Judge-II, West Singhbhum at Chaibasa in Neutral Citation No. ( 2025:JHHC:18011-DB ) -2- Sessions Trial No. 151 of 2012 and Sessions Trial No. 189 of 2013, whereby and whereunder, the appellants have been convicted for the offences u/s 147, 148, 307/149, 302/149, 353/149, 121/149, 122/149, 120B of the IPC, Section 17 of the C.L.A. Act and Section 27 of the Arms Act and have been sentenced to undergo R.I. for 02 years for the offence punishable u/s 147 of the IPC, R.I. for 03 years for the offence punishable u/s 148 of the IPC, R.I. for 10 years and a fine of Rs. 5000/- for the offence punishable u/s 307/149 of the IPC and in default in payment of fine to undergo additional R.I. for 06 months, Imprisonment for life and a fine of Rs. 10,000/- each for the offence punishable u/s 302/149 of the IPC and in default in payment of fine to undergo additional R.I. for 01 year, R.I. for 02 years for the offence punishable u/s 353/149 of the IPC, Imprisonment for life and a fine of Rs. 10,000/- each for the offence punishable u/s 121/149 of the IPC and in default in payment of fine to undergo additional R.I. for 01 year, Imprisonment for life and a fine of Rs. 10,000/- for the offence punishable u/s 122/149 of the IPC and in default in payment of fine to undergo additional R.I. for 01 year, Imprisonment for life and a fine of Rs. 10,000/- each for the offence punishable u/s 120B of the IPC and in default in payment of fine to undergo additional R.I. for 01 year, R.I. for 03 years for the offence punishable u/s 17 of the C.L.A. Act and R.I. for 07 years along with a fine of Rs. 5000/- each for the offence punishable u/s 27 of the Arms Act and in default in payment of fine to undergo additional R.I. for 06 months. All the sentences were directed to run concurrently. 4. A written report was submitted by A.S.I. Mubarak Hussain on 25.09.2010, in which, it has been stated that under an operation code named Black Thunder he along with the Police force had reached Digha camp on 24.09.2010. On 25.09.2010 the Police force along with Assistant Commandant of C.R.P.F. Nitish Kumar Neutral Citation No. ( 2025:JHHC:18011-DB ) -3- and Y. Dhadhol and other officials had started a search operation in and around the jungle and hilly terrain in and around village Tirilposi to take action against the training camps being run by the extremists. After proceeding for about 7-8 Kilometres information was received from a spy that a training camp is being run about 02 Kilometres from the northern side of village Tirilposhi where more than 100 Maoists have assembled. By taking all precautionary measures the force reached the destined place and saw movement of some persons as well as some tarpaulin sheets. As soon as they proceeded ahead, firing started from the side of the Maoists at which they were warned not to fire upon the Police Party and surrender before them but the firing continued. The Police force also resorted to retaliatory firing. The Maoists were taking the name of Misir Besra, Habil, Marshal, Bimal, Muslim while instructing them to go ahead. It has been alleged that Suresh Guriya (appellant in Cr. Appeal (D.B.) No. 1347 of 2018) was directed to carry out a bomb blast. The Police force and the C.R.P.F. personnel by risking their lives were trying to push ahead but the Maoists had triggered a land mine blast which resulted in the Assistant Commandant of C.R.P.F Rajiv Ranjan and Jahangir Khan suffering grievous injuries. The firing continued for one hour and suddenly the firing stopped. Some extremists were seen fleeing away out of which two of the extremists were apprehended namely, Suresh Guriya and Kujari Gagrai. Jahangir Khan had expired while two members of the force were seriously injured. On search of the apprehended extremists from the possession of Suresh Guriya one rifle with a fired shell in the barrel and three cartridges and from the possession of Kujari Gagrai some explosive substances inside a bag, 50 meter of black wire and 8 batteries of torch were recovered. From the place of occurrence several incriminating articles were recovered. Suresh Guriya had Neutral Citation No. ( 2025:JHHC:18011-DB ) -4- confessed and disclosed about the details of the training camp and the persons who were imparting training to the extremists. Based on the aforesaid allegations Jeraikela P.S. Case No. 07/2010 was instituted against several accused persons for the offences punishable u/s 147, 148, 149, 307, 302, 353, 121, 121A, 122, 120B of the IPC, Section 25(1-b)A, 26, 27, 35 of the Arms Act, Section 17 of the C.L.A. Act, Section 3, 4 and 5 of the Explosive Substance Act and Section 10, 13, 16 & 20 of the Unlawful Activities (Prevention) Act. On completion of investigation separate charge sheets were submitted against the accused persons after which cognizance was taken and the case was committed to the Court of Sessions where it was registered as Sessions Trial No. 151 of 2012. Charge was framed against the accused u/s 147, 148, 307/149, 302/149, 353/149, 121/149, 122/149, 120B of the IPC, Section 17 of the C.L.A. Act, Section 13, 10(a) (b) (1) (ii)/10, 16, 20 of the U.A.P. Act, Section 25(1-B)a, 26, 27, 35 of the Arms Act and Section 3, 4 and 5 of the Explosive Substance Act which were read over and explained to them in Hindi to which they pleaded not guilty and claimed to be tried. It appears that vide order dated 20.08.2013 the supplementary case record of Sessions Trial No. 189 of 2013 was amalgamated to Sessions Trial No. 151 of 2012 and the trial of the accused persons were conducted jointly. 5. The prosecution has examined as many as seven witnesses in support of its case. 6. P.W.1 (Mohammad Mubarak Hussain) is the informant who has stated that he was posted at Manoharpur P.S. as an Assistant Sub Inspector of Police and on 23.09.2010 he had received a letter from the Superintendent of Police that a training camp of the extremists has been set up at Saranda Forest. On 24.09.2010 he had proceeded for Digha along with the Police force. He has stated that on 25.09.2010 the Police force as well as the Neutral Citation No. ( 2025:JHHC:18011-DB ) -5- C.R.P.F. personnel had left for patrolling in the morning and on the way a spy had given information that 02 Kilometres preceding village Tirilposi about 100 extremists have assembled. When they reached the said place, they encountered indiscriminate firing from the extremists and land mines were also blasted resulting in injuries to the Assistant Commandant of C.R.P.F. and two Jawans. The force also started retaliatory firing and the encounter continued for one hour. The extremists thereafter fled away. One of the Jawans Jahangir Khan died due to the injury sustained by him and the other constable Rajiv Ranjan died in course of treatment. He has stated that two extremists while fleeing away were apprehended; one had a surname Guriya while he does not remember the name of the second apprehended extremist. On search a pistol, cartridge, explosive substance, battery, torch etc. were recovered. Some articles were recovered from the place of occurrence and a seizure list was prepared. He has proved the seizure list which has been marked as Exhibit-1. The written report has been proved and marked as Exhibit-2. The formal FIR has been marked as Exhibit-3. In cross-examination, he has deposed that the letter of the Superintendent of Police was never made a part of the First Information Report. He had given a statement in the Court that one accused was named Guriya while he did not know the name of the other accused. He had in order to identify the accused had gone near the box where the accused were standing. 7. P.W.2 (Dr. Santosh Kumar Srivastava) was posted at Sadar Hospital, Chaibasa and on 26.09.2010 a Medical Board was constituted on the orders of the Civil Surgeon comprising of this witness Dr. N.M.P. Ekka and Dr. D.K. Sinha. The autopsy of the dead body of Jahangir Khan was conducted and the following antemortem injuries were found: Neutral Citation No. ( 2025:JHHC:18011-DB ) -6- External:- (i) Wound of entry ½” Diameter on left side of frontal region of skull. (ii) Wound of exit wide open, multiple fractures of upper and posterior part vauld of skull bones damaging both cerebral hemispheres brain covering, blood vessels, medulla oblongata, pons blood and blood clot present. On dissection: Head and neck as about larynx Empty- Throax- Ribs intact. Lungs- Intact. Abdomen- Stomach- Digested food. Liver, Spleen, Kidney:- intact. Urinary bladder 50 M.L. urine. The cause of death was opined to be on account of head injury, haemorrhage and shock due to above-mentioned injuries caused by firearm which was sufficient to cause death. He has proved the post-mortem report which has been marked as Exhibit-4. 8. P.W.3 (Upendra Nayak) was posted at Manoharpur P.S. and on 24.09.2010 he had participated in an operation with C.R.P.F. personnel at Saranda Forest. There was an encounter with the extremists at Tirilposi and in course of encounter three members of the force sustained injuries. Jahangir Khan had died. The Police party had managed to apprehend two extremists; Suresh Guriya and Kujari Gagrai. Suresh Guriya had a rifle while Kujari Gagrai had a wire and a gelatine. In cross-examination, he has deposed that as soon as they reached the place of occurrence there was firing made from the side of the extremists. Both the extremists were not apprehended in his presence. He does not know Suresh Guriya and Kujari Gagrai. 9. P.W.4 (Bhairo Manjhi) was posted as an Officer-in- Charge of Jeraikela P.S. and on 26.09.2010 he had received the written report of Mubarak Hussain on the basis of which Jeraikela P.S. Case No. 07/2010 was instituted. He had taken over the Neutral Citation No. ( 2025:JHHC:18011-DB ) -7- investigation of the case. He has proved the written report which has been marked as Exhibit-5. He had received the seizure list as well as the confessional statements of Suresh Guriya and Kujari Gagrai. He had recorded the restatement of the informant and had also inspected the place of occurrence which is at a distance of 02 Kilometres from village Tirilposi inside a dense forest. The forest department had constructed an unmettled road by cutting the hills and forests where several land mine blasts had taken place. Beside this place is a hill and dense forest where a training camp had been organized by the extremists. He had recorded the statements of Hawaldar Upendra Nayak and Hawaldar Mahavir Kora. The injured Assistant Commandant Nitesh Kumar and Police Rajiv Ranjan were sent for treatment to I.G.H. Rourkela. On the orders of the superior authority and on completion of investigation charge-sheet was submitted against Suresh Guriya and Kujari Gagrai keeping the investigation pending against the other accused persons. In cross-examination, he has deposed that he does not know by face Suresh Guriya and Kujari Gagrai but know them by name. He was not present at the place of occurrence on the date of occurrence. He had neither recorded the confessional statement of the arrested accused nor had he got their statements recorded u/s 164 Cr.P.C. The informant or any of the witnesses had not stated about the apprehended accused persons firing or being involved in bomb blasts. 10. P.W.5 (Mahabir Kora) was posted as a constable in Manoharpur P.S. and on 24.09.2010 and 25.09.2010 he along with the Police force, C.R.P.F. officials and Jawans had gone from Digha camp to Tirilposi where the extremists were running a training camp. After reaching the said place there was a blast and Jahangir Khan as well as Rajiv Ranjan suffered injuries and both died during the encounter. Two of the extremists were apprehended Neutral Citation No. ( 2025:JHHC:18011-DB ) -8- namely, Suresh Guriya and one Gagrai and from their possession one pistol, explosive substance in a bag, wire etc. were recovered. There were about 15-20 extremists. He has refused to identify the accused in court. In cross-examination, he has deposed that the seized articles were not seized in his presence. The accused persons were not apprehended in his presence. 11. P.W.6 (Arun Kumar) was posted as an Assistant Sub Inspector of Police at Jeraikela P.S. and on the order of the Officer-in-Charge Jeraikela P.S. he had produced the material exhibits along with the application of the Officer-in-Charge, Jeraikela P.S. He has proved the application of the Officer-in- Charge which has been marked as Exhibit-6. A one-barrel rifle was produced which has been marked as Material Exhibit-I. From the tool box in a sealed cloth three bullets were taken out which have been marked as Material Exhibits- II, II/a and II/b. Three .315 bullets were marked as Material Exhibits- III, III/a, III/b. The empty cartridges were produced which have been marked as Material Exhibits- IV, and IV/a. A steel plate was produced which has been marked as Material Exhibit-V. 12. P.W.7 (Ramta Prasad Singh) was posted as an Inspector of Police in Manoharpur P.S. and on 27.07.2011 he was given the charge of further investigation of Jeraikela P.S. Case No. 07/2010. He had gone through the case diary and had taken steps to apprehend the other accused persons. He has proved the sanction order of the Government of Jharkhand which has been marked as Exhibit-7. He has proved the issuance of the letter of the Home Department which has been marked as Exhibit-8. The reports of the Forensic Science Laboratory have been marked as Exhibits- 9 and 9/1. He has also proved the confessional statements of Suresh Guriya and Kujari Gagrai which have been Neutral Citation No. ( 2025:JHHC:18011-DB ) -9- marked as Exhibits- 10 and 11. The inquest report of Rajiv Ranjan has been proved and marked as Exhibit-12. In cross-examination, he has deposed that he had not recorded the statement of any witnesses. He had not inspected the place of occurrence. 13. The statements of the accused were recorded u/s 313 Cr.P.C., in which, they have denied their complicity in the commission of the offence. 14. Mr. Parwez Ahmad Khan, learned counsel for the appellant in Cr. Appeal (D.B.) No. 1347 of 2018 and Mrs. Shruti Shrestha, learned counsel for the appellant in Cr. Appeal (D.B.) No. 715 of 2018 have submitted that the identification of the appellants being involved in such extremist activity has not been proved by the prosecution. No Test Identification Parade has been held and no specific allegation of any overt act has been alleged against the appellants. 15. Mrs. Vandana Bharti, learned A.P.P. for the respondents while relying upon the evidence of the witnesses has submitted that both the appellants were apprehended at the place of occurrence and several incriminating articles were recovered from their possession. 16. We have heard the learned counsel for the respective parties and have also perused the Trial Court Records. 17. The encounter between the security forces and the extremists resulted in the death of two security personnel and injuries to several others. The extremists were holding a training camp where about 100 extremists had gathered where the land mine blasts and firing resulted in the loss of lives from the side of the members of the force. However, during such encounter two extremists were apprehended and these extremists are the appellants in the present appeals. P.W.1 is the informant who was a member of the raiding party and he had expressed ignorance Neutral Citation No. ( 2025:JHHC:18011-DB ) -10- over the name of the appellant Kujari Gagrai while the other appellant has been referred to by him as one “Guriya”. P.W.3 has stated that some of the appellants were apprehended in his presence and he does not know any of the appellants. P.W.4 has deposed that he knows both the appellants by name and not by their faces. He was not present at the place of occurrence. P.W.5 has stated that none of the appellants were apprehended in his presence. 18. The evidence of the witnesses clearly points to vital contradictions with respect to the identification of the appellants. Some have not identified them by name while some have not identified them by face. Admittedly, no Test Identification Parade has been held to ascertain the presence of the appellants at the place of occurrence and of being an active member of the extremists group indulging in subversive activities. It is difficult to come to a conclusion in such circumstances that the appellants were apprehended at the spot and were involved in the incident of firing and exploding land mines. The evidence of P.W.4 who was also a part Investigating Officer of the case categorically reveals that neither the informant nor any of the witnesses had stated about the appellants being involved in firing at the force or carrying out landmine blasts. Even the recovery of certain articles from the possession of the appellants as put forward by the prosecution appears also to leave a trail of doubt as most of the witnesses have categorically stated that the appellants were not apprehended in their presence. The chain of circumstances have not been proved by the prosecution. 19. The learned trial court has not appreciated and analyzed the evidence of the witnesses in its proper perspective and on consideration of the entire circumstances of the case, we hereby set aside the judgment and order of conviction and sentence dated 31.03.2018 (sentence passed on 04.04.2018) Neutral Citation No. ( 2025:JHHC:18011-DB ) -11- passed by Sri Rama Kant Mishra, learned Additional Sessions Judge-II, West Singhbhum at Chaibasa in Sessions Trial No. 151 of 2012 and Sessions Trial No. 189 of 2013. 20. These appeals are allowed. 21. Since the appellants are in custody they are directed to be released immediately and forthwith if not wanted in any other case. 22. Pending I.As., if any, stands closed. (Rongon Mukhopadhyay, J.) (Ambuj Nath, J.) High Court of Jharkhand at Ranchi Dated, the 1st July, 2025. A. Sanga /-