2026:JHHC:14639 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J) No.494 of 2019 --------- [Against the Judgment of conviction dated 26.03.2019 and Order of sentence dated 30.03.2019, passed by the learned Additional Sessions Judge – I, Garhwa in Sessions Trial No.243 of 2008, arising out of Nagar Untari P.S. Case No.164 of 2007, corresponding to G.R No.858 of 2007] --------- 1. Buddhi Narayan Bhuiyan aged around 45 years son of Satlal Bhuiyan 2. Shambhu Bhuiyan aged around 60 years son of Satlal Bhuiyan Both are resident of Village Korga, P.O & P.S. Ramna, District Garhwa. ..... Appellants Versus The State of Jharkhand ..... Respondent --------- PRESENT HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Appellants : Mr. Sabyasanchi, Advocate For the State : Mr. Sanjay Kr. Srivastava, A.P.P --------- Order No.05/ Dated: 13 th May, 2026 1. Heard Mr. Sabyasanchi, learned counsel for the appellants and Mr. Sanjay Kumar Srivastava, learned counsel for the State. 2. The present appeal is directed against the Judgment of conviction dated 26.03.2019 and order of sentence dated 30.03.2019, passed by the learned Additional Sessions Judge - I, Garhwa, in Sessions Trial No.243 of 2008, arising out of Nagar Untari P.S. Case No.164 of 2007 (G.R. No.858 of 2007), whereby the appellants have been convicted for the offence under Sections 147/ 148/ 341/ 326 read with Section 149 of the Indian Penal code (in short IPC) and have been sentenced to undergo rigorous imprisonment for - 1 - Cr. Appeal (SJ) No.494 of 2019 2026:JHHC:14639 one year with fine of Rs.5,000/- with default clause for the offence under Section 147 IPC, rigorous imprisonment for two years with fine of Rs.10,000/- with default clause for the offence under Section 148 IPC, rigorous imprisonment for six months for the offence under Section 341 IPC and rigorous imprisonment for four years with fine of Rs.20,000/- with default clause for the offence under Section 326 IPC. All the sentences were directed to run concurrently. 3. The prosecution story, in short, as per the F.I.R is that the informant of this case namely, Mukh Lal Mehta, S/o Kailash Mehta, R/o village Korga, P.S. Nagar Untari, District Garhwa gave his fardbeyan on 22.09.2007 at 10.00 P.M. at Referral Hospital, Nagar Untari, to the police official of Nagar Untari P.S. stating therein that on the same day at 04.00 p.m, Surendra Mehta S/o Sheo Kumar Mehta, was preparing to go to market at Ramna from his house then at that time (1) Dharmendra Ram, (2) Jovit Ram, (3) Shambhu Bhuiyan, (4) Brahmdeo Bhuiyan, (5) Bashisht Bhuiyan, (6) Buddhi Narayan Bhuiyan, (7) Shrawan Bhuiyan, (8) Shiv Bhuiyan, (9) Pramod Bhuiyan, (10) Virendra Bhuiya, all R/o Korga, P.S.Nagar Untari, District Garhwa alongwith 15-20 unknown persons, who all were the members of the extremist organization Maoist Party, came there assembled with lathi, danda, garassa and gun and started abusing Surendra Mehta and told him that all the persons of Mehta community should leave their land - 2 - Cr. Appeal (SJ) No.494 of 2019 2026:JHHC:14639 and leave the place otherwise they would be killed. Thereafter they started assaulting him with lathi and danda. On seeing this the informant, his brother Sukh Lal Mehta, Ram Bichar Mehta, Satendra Mehta and Manoj Mehta ran for his rescue, then the above mentioned persons surrounded the informant side and started assaulting them by lathi, danda, garassa and butt of the gun, with an intention to kill them due to which the informant received injury on his head, elbow of left hand and knee of right leg. Surendra Mehta received cut injuries on his head. Ram Bichar Mehta had pain all over his body. Manoj Mehta received injuries on his right knee, left elbow and on different parts of his body and Sukh Lal Mehta received injuries on his head, due to which he has become unconscious. After assaulting them, the accused persons put the house of Ram Bichar Mehta and Surendra Mehta on fire, due to which Varandah got burnt. All the injured lay on the ground then the villagers came and intervened and saved them and were taken to the Hospital. On the basis of above fardbeyan, Nagar Untari P.S Case No.164 of 2007 dated 22.09.2007 has been registered under Sections 147/ 148/ 149/ 341/ 323/ 307/ 436 IPC, against the present appellants along with others and the police, after completing the investigation, has submitted the charge-sheet against the above named two appellants only. Although the charge has been framed under Sections - 3 - Cr. Appeal (SJ) No.494 of 2019 2026:JHHC:14639 147, 148, 341/149, 323, 325, 307, 435 IPC against the appellants, but the number of persons involved in the present crime have neither been disclosed in the charge- sheet nor in the question put under Section 313 Cr.P.C. The case has been committed to the court of Sessions to which the appellants have pleaded innocence and claimed to be tried and accordingly, the trial has commenced. 4. To substantiate the charges, the prosecution has examined altogether 09 witnesses and their depositions, in short, are as follows:- 5. P.W.-1, Ram Bichar Mehta, is an injured witness and he has supported the prosecution case. He has stated that the accused Shambhu Bhuiyan has assaulted him with garasa on his head and he has identified in the court. 6. P.W.-2, Satendra Yadav, is also an injured witness and he has also supported the prosecution story. 7. P.W.-3, Surendra Kumar Mehta, is also an injured witness. 8. P.W.-4, Krishna Mehta, P.W.-5, Suryamani Devi, and P.W.-6, Shyam Pati Devi, are hearsay witnesses. 9. P.W.-7, Mukhlal Mehta, is the informant and an injured witness. He has supported the prosecution case. He has deposed that on refusal of giving money, the accused assaulted him and directed him to leave another place. He specifically stated that Budhi Bhuiyan assaulted him by garasa on his head. Shiv Bhuiyan assaulted him on his hand - 4 - Cr. Appeal (SJ) No.494 of 2019 2026:JHHC:14639 by long lathi due to which his right hand got fractured. The accused assaulted him continuously due to which he fell down. 10. P.W.-8, Sukha Lal Mehta, is an injured witness and uncle of P.W.-3. He has stated that the accused persons have assaulted the members of the informant party and they were also demanding money which was refused by the informant party. 11. P.W.-9, Dr. Dinesh Kumar, is the doctor, who has examined the injured persons. He has found several injuries on the person of the injured, caused by hard and blunt substance. 12. On consideration of above materials on record, the trial Court has found the appellants guilty for the offence under Sections 147, 148, 341, 326 read with Section 149 IPC and sentenced them, as stated above. 13. Being aggrieved by the aforesaid judgment of conviction, the appellants have preferred the present appeal. 14. Having heard learned counsel for the parties and from perusal of record, it appears that :- (i) although the appellants have been convicted or the offence under Sections 147, 148, 341, 326 read with Section 149 IPC, but the number of charged person is only two while the minimum number should be five for conviction under Sections 147, 148 IPC. - 5 - Cr. Appeal (SJ) No.494 of 2019 2026:JHHC:14639 (ii) although in the F.I.R., the allegation has been made against 10 named persons and 15-20 unknown persons, but the charge-sheet and the question put under Section 313 Cr.P.C do not disclose the number of accused persons, which is a primary factor for conviction under Sections 147, 148 and using Section 149 IPC. (iii) although question has been put for causing injuries, using deadly weapon, but that injuries does not support the use of any deadly weapon. (iv) there is also allegation of putting the house on fire, but such allegation has been found false. Thus, the Court has found exaggeration in the allegation. (v) even the investigating officer of the case has not been examined. Thus, after a month, the victim has disclosed the participation of this appellant-accused in the crime and that too in a written form. On that basis, the conviction of the appellant-accused has been made. Thus, this Court finds that the conviction of the appellants under Sections 147/ 148/ 341/ 326 with the aid of Section 149 IPC is bad in law, as number of charged person is less then five and further, no deadly weapon has been used in the alleged crime. - 6 - Cr. Appeal (SJ) No.494 of 2019 2026:JHHC:14639 15. In that view of the matter, this Court finds that the judgment of conviction is not sustainable due to lack of basic ingredients. Accordingly, the Judgment of conviction dated 26.03.2019 and order of sentence dated 30.03.2019, passed by the learned Additional Sessions Judge - I, Garhwa, in Sessions Trial No.243 of 2008, arising out of Nagar Untari P.S. Case No.164 of 2007 (G.R. No.858 of 2007) is, hereby, quashed and set aside. 16. In the result, the appeal stands allowed and accordingly disposed of. 17. The appellants are on bail, hence, they are discharged from the liability of bail bond. 18. Let the Trial Court Records be sent back to the Court concerned forthwith, along with the copy of this Judgment. (Rajesh Kumar, J.) Jharkhand High Court, Ranchi Dated, the 13th May, 2026 Ravi-Chandan/- NAFR Uploaded on 18.05.2026 - 7 - Cr. Appeal (SJ) No.494 of 2019