2026:JHHC:14375 1 Cr. Appeal (SJ) No 461 of 2019 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 461 of 2019 ----- [Against the judgment of conviction and order of sentence, both dated 26.02.2019 passed in S.T. No. 74 of 2011 arising out of Boarijore (Lalmatia) P.S. Case No. 117 of 2007 corresponding to G.R. Case No. 969 of 2007, by the learned Additional Sessions Judge-III, Godda] 1.Ahmad Ansari @ Md. Ahmad Ansari, son of Kalam Ansari, aged about 36 years, 2.Rauf Ansari, son of Late Ayub Ansari, aged about 56 years, Both resident of Village: Bhado Tola, P.O. & P.S.: Lalmatia, District: Godda 3.Md. Mustakim @ Md. Mustakim Ansari @ Md. Mustaquim Ansari, son of Md. Jalil Ansari, aged about 36 years, resident of village: Bada Modai, P.O. & P.S.: Lalmatia, District: Godda --- --- Appellants Versus The State of Jharkhand --- --- Respondent ….... For the Appellants : Mr. Rohit, Advocate For the State : Mr. Nawin Kr. Singh, A.P.P. Mr. Azeemuddin, 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 appellants 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 26.02.2019 passed in S.T. No. 74 of 2011 arising out of Boarijore (Lalmatia) P.S. Case No. 117 of 2007 corresponding to G.R. Case No. 969 of 2007, by the learned Additional Sessions Judge-III, Godda, whereby the appellants have been convicted for the offence punishable under Sections 147, 323/149 & 353/149 of the IPC and they have been released on furnishing probation bond of Rs. 10,000/- with one surety for a period of one year with condition to appear and receive sentence when called 2026:JHHC:14375 2 Cr. Appeal (SJ) No 461 of 2019 upon during such period and in the meantime to keep the peace and be of good behaviour. 3. The criminal law has been put into motion on recording self- statement of S.I. Sohan Lal Sudhakar of Lalmatia P.S. on 18.09.2007 at 01.15 hrs. being Boarijore (Lalmatia) P.S. Case No. 117 of 2007. The brief story as per the prosecution is that on 17.09.2007 at about 5:00 PM. the informant proceeded at village Dumaria for maintaining the law and order on the occasion of Vishwakarma Puja as well as for supervision of Lalmatia P.S. Case No. 115/2007 dated 17.09.2007, u/s 307/34 of I.P.C. and section 27 of Arms Act in the leadership of Sri P.C. Ram, the then Police Inspector, Boarijore Circle and thereafter during night patrolling, at about 11:30 P.M., the informant and other police officials reached near the tea stall of Ahamd Ansari, where they saw that an Ambassador Car bearing registration no. WBG4645 and two motor bikes were parked there and 15-20 people were sleeping there. A doubt arose in the mind of informant and as such he stopped his police jeep and as soon as police vehicle was stopped, a person, who was sleeping on cot started fleeing away towards village making a noise. Thereafter, the informant and other police officials made interrogation from other people, but they did not give satisfactory reply. It is further alleged that earlier offence of diesel theft was being done there and as such the informant apprehended a person namely Charun Ansari of village Morai Bhado Tola and proceeded towards police station and other police officials were also proceeded from there in another jeep, but the local villagers having more than 100-150 in numbers surrounded the police party in the leadership of Ahmad Ansari, Rauf Ansari, Mustakim Ansari and Jamshed Ansari and they started throwing bricks and stones upon the police party with intention to commit their murder and as such Hawaldar Hare Krishna Singh and Ashish Ranjan became seriously injured. Seeing the situation, the informant ordered his police officials to make fire and as such six-round firing were made. The police party 2026:JHHC:14375 3 Cr. Appeal (SJ) No 461 of 2019 fell down into a mines pit when they tried to move back, in the meantime some villagers also got down in the said mines pit and assaulted the police officials and also loaded one stand gun, three S.L.R. with cartridges. Later on rifle of constable Kamlesh Kumar was found there and the injured persons were sent to E.C.L. Hospital, Mahagama for their treatment. It is further alleged that stand gun and three S.L.R. were also recovered and later on 120 cartridges of S.L.R. and 83 cartridges of rifle were also found there. 4. On the basis of self-statement of the informant, Boarijore (Lalmatia) P.S. Case No. 117/2007 dated 18.09.2007, u/s 147, 148, 341, 323, 333, 307, 353, 379 & 504/149 of I.P.C. was registered against the above named three accused persons and one Jamshed Ansari along with 100-150 unknown persons and after completion of investigation, charge-sheet under sections 147, 148, 341, 323, 333, 307, 353, 379 & 504/149 of I.P.C was submitted against the above named only three accused persons, showing one of the F.I.R. named accused Jamshed Ansari as dead and other unknown persons could not trace out and accordingly on 23.08.2009 cognizance of offences under Section 147, 148, 341, 323, 333, 307, 353, 379 & 504/149 of I.P.C was taken against the above named three accused persons. 5. On 07.09.2011 charges were framed against the above named three accused persons for the offences u/s 148, 323/149, 333/149, 353/149, 341/149, 379/149, 504/149 & 307/149 of I.P.C. which they denied, pleaded not guilty and claimed to be tried. 6. To substantiate the prosecution story altogether four prosecution witnesses have been examined. Their brief statements are as follows: I. P.W.1(Ashish Ranjan) – He is one of the members of the patrolling party and he has reiterated the statement made in the F.I.R. He is one of the injured persons. II. P.W.2(Subodh Kumar Marandi) – He is also one of the members of the patrolling party and he has reiterated the 2026:JHHC:14375 4 Cr. Appeal (SJ) No 461 of 2019 statement made in the F.I.R. He is one of the injured persons. III. P.W.3(Kamlesh Kumar Singh) – He is one of the members of the patrolling party and he has reiterated the statement made in the F.I.R. He is also one of the injured persons. IV. P.W.4(Dr. C. Bora) – He is the doctor who has examined the above three witnesses and found the injures to be simple in nature, caused due to hard and blunt substance. 7. The prosecution has also adduced documentary evidence as under: I. Exhibit -1 – Injury report of Ashish Ranjan II. Exhibit-2- Injury report of Hare Krishna Singh III. Exhibit-3 –Injury report of Subodh Marandi IV. Exhibit-4- Injury report of Kamlesh Kumar Singh 8. After conducting full-fledged trial, the learned Trial Court has convicted and sentenced the appellants as aforesaid. 9. The basic fact, which has led to the filing of the present appeal by the appellants are as follows: i. For conviction of offence under Section 147, 323/149 & 353/149 of the IPC, the basic requirement is constitution of unlawful assembly for which 5 or more person must have been charged. In the present case, only three persons has been charged and as such, conviction of the appellants under Section 147, 323/149 & 353/149 of the IPC is not sustainable rather bad in law due to the number, which is less than five. ii. Although, the appellants have been given the benefit of Probation of Offenders Act, 1958 but to vindicate their prestige the present appeal has been filed. 10. Learned counsel for the State has supported the judgment of conviction passed by the learned Trial Court. 11. Heard learned counsel for the parties and after perusal of the 2026:JHHC:14375 5 Cr. Appeal (SJ) No 461 of 2019 record, it appears that the basic ingredients i.e., an unlawful assembly consisting of 5 or more persons is missing in the present case, which is sine qua non for conviction under Section 147, 323/149 & 353/149 of the IPC. 12. In that view of the matter, the impugned judgment of conviction and order of sentence, both dated 26.02.2019 passed in S.T. No. 74 of 2011 arising out of Boarijore (Lalmatia) P.S. Case No. 117 of 2007 corresponding to G.R. Case No. 969 of 2007, by the learned Additional Sessions Judge-III, Godda are quashed and set aside. 13. Consequently, the present criminal appeal stands allowed. 14. Let the trial court record be sent back to the concerned trial court. (Rajesh Kumar, J.) A. Mohanty Jharkhand High Court Dated 12th May, 2026 Uploaded ___/____/2026