2026:JHHC:14108 1 Cr. Appeal (SJ) No 442 of 2019 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 442 of 2019 ----- [Against the judgment of conviction and order of sentence, both dated 23.03.2019 passed in Sessions Trial No. 123 of 2013 arising out of Noamundi P.S. Case No. 10 of 2013 corresponding to G.R. Case No. 145 of 2013 by the learned Additional Sessions Judge-III, West Singhbhum at Chaibasa] Tolish Khilar, aged about 32 years, son of Late Gour Chandra Khilar, resident of Village- Goud Dighia, P.O. + P.S.- Noamundi, District- West Singhbhum --- --- Appellant Versus The State of Jharkhand --- --- Respondent ….... For the Appellant : Mr. Anjani Kumar, Advocate For the State : Mr. Sardhu Mahto, A.P.P. PRESENT HON’BLE MR. JUSTICE RAJESH KUMAR J U D G M E N T By Court 1. Heard learned counsel for the appellant and learned A.P.P. representing the State. 2. The present appeal has been preferred against the judgment of conviction and order of sentence, both dated 23.03.2019 passed in Sessions Trial No. 123 of 2013 arising out of Noamundi P.S. Case No. 10 of 2013 corresponding to G.R. Case No. 145 of 2013 by the learned Additional Sessions Judge-III, West Singhbhum at Chaibasa, whereby the appellant has been convicted for the offence punishable under Sections 341/34,323/34,448/34 and 504/34 of the I.P.C. but he has been sentenced to undergo S.I. for 6 months for the offence punishable under Section 323 of the I.P.C.; S.I. for 15 days for the offence punishable under Section 341 of the I.P.C; S.I. for 6 months for the offence punishable under Section 448 of the I.P.C and S.I. for 6 months for the offence punishable under Section 504 of the I.P.C. 3. The criminal law has been put into motion on lodging written report by the informant being Noamundi P.S. Case No. 10 of 2013. 2026:JHHC:14108 2 Cr. Appeal (SJ) No 442 of 2019 The brief story as per the prosecution is that on 15.03.2013 the informant arrived at his house from Chaibasa at 7.00 P.M. and saw Brahmchari Khilar and Tolish Khilar were abusing his elder brother Jhareshwar Behera. He forbade them. Brahmchari Khilar, Tolish Khilar and Pakalu Khilar armed with lathi-danda entered in his house and started thrashing him indiscriminately and broke his head, due to which, he became seriously injured. His wife Mali Devi along with daughter Rani Kumari and Anita came to save him, then the above- named persons also thrashed them and made them injured. His wife sustained grave injury on her palm. 4. On the basis of the written report, Noamundi P.S. Case No. 10 of 2013 dated 15.03.2013 under Sections 341/323/448/307/504/34 of the IPC was instituted against three accused persons i.e., Brahmchari Khilar, Tolish Khilar and Pakalu Khilar and after investigation the charge-sheet was submitted against three accused persons. During investigation the accused Paklu @ Shiv Shambhu Khilar was declared juvenile and therefore, the case was committed to the Court of Sessions only against two accused i.e., Brahmchari Khilar and Tolish Khilar. However, the case against the accused Brahmchari Khilar was dropped due to his death. 5. The charge was framed against the accused/ appellant Tolish Khilar under Section 341/34, 323/34, 448/34, 307/34 and 504/34 of the IPC, which was read over the accused, to which he pleaded not guilty and claimed to be tried. 6. To substantiate the prosecution story altogether seven prosecution witnesses have been examined. Their brief statements are as follows: I. P.W.1(Santosh Kumar Behra) – He is the elder brother of the informant and he has stated that on 15.03.13 at 6.30 PM his brother had arrived from Chaibasa and went to wash his hand and mouth on hand pump, then Brahmchari Khilar, Tolish Khilar and Shivshankar Khilar @ Paklu armed with 2026:JHHC:14108 3 Cr. Appeal (SJ) No 442 of 2019 lathi-danda came there and chased his brother to his house and beaten him indiscriminately on his head and whole body. When the wife and daughters of his brother came to save him, they were also beaten by the accused persons. Mali Devi sustained injuries on her hand, Rani sustained injuries on her head and Anita sustained injuries on her waist. All of them were taken to TISCO hospital Noamundi for treatment. In his cross-examination this witness has deposed that 8 to 10 persons had also seen the occurrence along with him. They went to the hospital, but the accused persons went and lodged a case firstly, thereafter his younger brother lodged this case. The accused persons were not assaulted by them. The size of 2 danda were little longer than one hand and third danda was more than longer than one hand. Police had not seized those danda. The occurrence had taken place in the courtyard of the informant. His brother admitted in the hospital from 15th to 25th at Noamundi and thereafter his treatment was also taken place in TATA. II. P.W.2(Rani Kumari) – She is daughter of the informant and also an injured in this case. She deposed that on 15.03.2013 the aforesaid three persons were abusing to her elder father Jhareshwar Behera. Her father had gone to wash his face and hand at hand pump, then the accused persons forbade him and came to her house with arms and thrashed her father so badly that he fell down on the ground. Then she along with her mother and younger sister went to save him, then they were also beaten by them by danda. Further she said that she has sustained injuries on her right side of head and leg. Her mother sustained injuries on her right palm and her younger sister sustained injuries on hand and leg. Her father's head broken on three places. In her cross-examination, this 2026:JHHC:14108 4 Cr. Appeal (SJ) No 442 of 2019 witness has stated that all three accused persons were armed with heavy danda and length of total is about 3ft. The accused persons have also lodged a case. At the time of occurrence 10 to 15 persons were present, namely Jag Bandhu, Kariya, Santosh Behra, Jhareshwar Behera and some other women. The accused persons are uncle in relation. III. P.W.3(Anita Kumari) – She is another daughter of the informant. She has also supported the version, as stated by PW-1 and PW-2. She has said that on 15.03.2013 at about 06:30P.M., the accused persons, namely Brahmchari Khilar, Tolish Khilar and Shivshankar Khilar @ Paklu were swearing to her elder father, then her father Harembo Behra return from Chaibasa and went to wash his face at the hand pump, then aforesaid three accused persons chased his father to his house and thrashed her father after entering in her house indiscriminating by danda. The head of her father was broken from three places and he fell down on the ground, thereafter she came there and tried to save him, then accused persons hit on her waist. They also hit on the right arm of her mother and also hit to her elder sister Rani Kumari. Thereafter, she raised alarm, then accused persons swearing them and went out. Their treatment has been taken place in TISCO Hospital, Noamundi. The father of this witness admitted at TISCO Hospital, Noamundi till 15th to 25th. In her cross-examination, this witness has stated that the police has seized blood stained soil, lathi and danda from the place of occurrence. The length of danda was of 4 feet and width of 6 inches. She has also stated that the accused persons had lodged a case against her father in this occurrence. IV. P.W.4(Mali Devi) – She is the wife of informant. She has also supported the prosecution case and said that the 2026:JHHC:14108 5 Cr. Appeal (SJ) No 442 of 2019 occurrence took place on 15.03.2013 at 06:30 P.M. Her husband returned from Chaibasa and went to wash his hand and face at hand-pump and returned to his house, then Brahmchari Khilar, Tolish Khilar Paklu Khilar @ Sambhu Khilar came there and thrashed him by danda. He has sustained injury on his head and fell down on the ground. Her daughter Rani Kumari came to save her father, then accused persons also hit her and broke her head. Her another daughter Anita Kumari also went to save her father, then she was also assaulted by the accused persons on her waist by danda. This witness has further stated that the accused persons also assaulted her by danda on her hand, due to which she has sustained injury on her right hand and they were taken treatment at TISCO Hospital and thereafter her husband was referred to T.M.H. Jamshedpur for better treatment, where he took treatment for two days. V. P.W.5(Dr. Swaraj Das Gupta)- He is the Medical Officer posted at TISCO Hospital, Noamundi, who has examined and treated the injured persons on 15.03.2013. Firstly, he has examined and given treatment to the injured Harembo Behra, aged 50 years male and found the following injuries- (1)) Multiple lacerated wounds over scalp (2) Contusions over body * Nature of injury- are simple in nature. Secondly, he has examined and given treatment to the injured Malti Devi, aged 40 years female and found punctured L.W. over hand and the injury is simple nature. Thirdly, he has examined and given treatment to the injured Rani Kumari, aged 20 years female and found small LW muscle deep on the right side of scalp and the injury is simple in nature. 2026:JHHC:14108 6 Cr. Appeal (SJ) No 442 of 2019 Fourthly, he has examined and treated Anita Kumari, aged 17. years female and found no evidence of external injury. The injury is simple in nature. This witness has proved the injury reports, marked as Ext-1 to 1/3 respectively. In his cross-examination, this witness has admitted that the injury sustained by injured persons are simple in nature and the injuries might be sustained by fall on a rough surface. VI. P.W.6 (Satish Kumar)- He is is the Investigating Officer of this case. According to this witness on 15.03.2013, the informant had come along with written report to the police station and on the basis of which, Noamundi P.S. Case No.10/2013 has been registered and charge of investigation was handed over to him. After taking charge of investigation, he has issued requisition for injury report of the injured persons and forwarded the injured persons to TISCO Hospital, Noamundi. Thereafter, he recorded the restatement of the informant and also recorded the statement of Mali Devi, Rani Kumari, Anita Kumari, Santosh Kumar Behra, Jagbandhu Khilar, Shankri Kihar and they have also supported the prosecution case. Thereafter, he arrested the accused persons and also recorded their defence statement. On 16.03.2013, he has inspected the place of occurrence, which is the house of informant. By the order of Senior Officer, he has submitted the charge-sheet against three accused persons for the offences U/s 341, 323, 448, 307, 504 read with Section 34 of I.P.C. In his cross-examination, this witness has stated that earlier from this case, Noamundi P.S. Case No.09/2013 was lodged by accused Brahmchari Khilar against Jhareshwar Behra and Santosh Kumar Behra. He is also the I.O. of that case. He has not seized the danda, blood stained soil and blood stained cloth in this case. 2026:JHHC:14108 7 Cr. Appeal (SJ) No 442 of 2019 VII. P.W.7 (Harembo Behra) – He is the informant of this case. He has supported the prosecution story. His application was written by Santosh Behra in the police station and he has put his signature, which he identified, marked as Ext-3/1. In his cross-examination, this witness has stated that he had put his signature on the written report in the hospital, at that time along with his brother, Manki, Nurse and Doctor were also present. On 16.03.2013, police has seized the blood stained soil, cloths. He has also admitted that accused persons have lodged a case against him and his brother being Noamundi P.S. Case No.09/2013. He has further stated that the Officer- in-Charge of police station Satish Kumar had brought him to Noamundi Hospital and at that time he was conscious. 7. The prosecution has also adduced documentary evidence as under: I. Exhibit -1 to 1/3- Injury Reports. II. Exhibit-2- Formal F.I.R. III. Exhibit-3 –Endorsement on written report. IV. Exhibit3/1- Written report 8. The defence has also produced one witness i.e., the appellant himself as D.W.1. He has stated that on 15.03.2015 Brahmchari Khilar has lodged a case against Jhareshwar Behra, Harembo Behra and Santosh Behra for assaulting him. He has stated that the aforesaid three accused persons started assaulting to his brother Brahmchari Khilar, then he went to save him, but the accused persons also assaulted him. The written application, which has been given by Brahmchari Khilar in the police station, which he identified has been marked as Ext-A in this case. Further he has stated that when his brother lodged this case, then in defence, Harembo Behra lodged another case against him and his brother, which is false case. In his cross-examination, this witness has admitted that in this case the informant Harembo Behra has sustained injuries. 2026:JHHC:14108 8 Cr. Appeal (SJ) No 442 of 2019 9. After conducting full-fledged trial, the learned Trial Court has convicted and sentenced the appellant as aforesaid. 10. Learned counsel for the appellant has made the following arguments: I. the parties are neighbours and there is neighbourhood dispute and this false case has been lodged as earlier the accused Brahmchari Khilar had lodged a case against the informant party being Noamundi P.S. Case No.09/2013, dt.15.03.2013, corresponding to G.R. Case No.144/2013 and as a counter blast the present case has been filed. II. The injured witnesses have stated regarding injuries but the medical evidence does not disclose the age of injury. III. As per the medical evidence, the injuries are simple in nature which can be caused on fall upon surface while the witnesses have stated otherwise and it has been stated that they have remained admitted in hospital for 10 days but there is no corroborative materials available on the record. IV. The injuries also do not find corroboration from the medical report. V. The witnesses have stated that the blood stained soil, danda etc. has been seized by the Police, but the Police has flatly refused that they have not made any seizure. VI. The Investigating Officer has stated that statement of witnesses have been taken in the Police station itself. 11. Referring to the above fact, it has been stated that it is nothing but false allegation as the deposition of the witnesses are not reliable since neither the place of occurrence nor the manner of commission of crime, nature of injury or the age of injury find corroboration from the medical evidence and the evidence of the Investigating Officer. 12. Further, since it is a counter blast case, just after lodging of the case by the deceased co-accused Brahmachari Khilar and as such, the evidence brought on record is not reliable and the conviction on said 2026:JHHC:14108 9 Cr. Appeal (SJ) No 442 of 2019 basis is unsustainable. 13. Learned counsel for the State has supported the judgment of conviction passed by the learned Trial Court and has submitted that the injured witnesses have clearly stated that the injury has been caused by this appellant. 14. Heard learned counsel for the parties and after perusal of the record, it appears that: I. The P.W.5, who is the doctor, has clearly stated regarding the injury to be simple in nature caused due to fall on hard surface but the age of the injury has not been disclosed. Although, as per the material available, the injured witness has been examined on the same day. II. The witnesses have stated that they were admitted in an unconscious position but the medical evidence available on record clearly negates such statement made by the injured witnesses. III. The witnesses have clearly stated that the incriminating materials have been seized from the place of occurrence including the danda and blood stained soil but that has been negated by the Police. IV. The manner of commission of crime gets negated by the medical evidence available in the form of P.W.5 and the injury report. Thus, the place of occurrence, manner of commission of crime has not been proved by the prosecution beyond all reasonable doubts. V. It has been admitted by the witnesses that there are so many houses nearby to the place of occurrence but not a single independent witness has been examined. 15. In view of the above discussion, this Court finds that the material available on record is full of doubts and in such doubtful scenario, conviction of the appellant cannot be sustained. 16. Thus, the impugned judgment of conviction and order of 2026:JHHC:14108 10 Cr. Appeal (SJ) No 442 of 2019 sentence, both dated 23.03.2019 passed in Sessions Trial No. 123 of 2013 arising out of Noamundi P.S. Case No. 10 of 2013 corresponding to G.R. Case No. 145 of 2013 by the learned Additional Sessions Judge-III, West Singhbhum at Chaibasa is hereby quashed and set aside. 17. The present criminal appeal is allowed and accordingly disposed of. Since, the appellant is on bail, he is discharged from the liability of the bail bond. 18. Let the copy of the Trial Court Record be sent back to the Court below. (Rajesh Kumar, J.) A. Mohanty Jharkhand High Court Dated 11th May, 2026 Uploaded ___/____/2026