Legally Bharat

Jharkhand High Court

Tinai Baski vs The State Of Jharkhand on 12 September, 2024

Author: Rongon Mukhopadhyay

Bench: Rongon Mukhopadhyay

                  Cr. Appeal (D.B.) No.945 of 2018

 [Against the Judgment of conviction and Order of sentence dated
 29.05.2018/31.05.2018, passed by learned Additional Sessions Judge-I,
 Dumka, in Sessions Trial No.185 of 2013]
                                       ------
 Tinai Baski, aged about 30 years, S/o-Sri Jalpa Baski, Resident of
 village Bansduma P.O.+P.S.-Ramgarh, Dist. Dumka.
                                       ....     ....    ....      Appellant
                               Versus
 The State of Jharkhand                ....     ....    ....   Respondent
                                       ------
                               PRESENT
      HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
      HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
                               ------
 For the Appellant      : Mr. Rohit Ranjan Sinha, Advocate
                          Ms. Manjula Upadhyay, Advocate
 For the Respondents    : Mr. Vishwanath Rai, Spl. P.P.
                                       ------
 CAV On 21/08/2024                       Pronounce On 12/ 09/2024
Per- Pradeep Kumar Srivastava, J.

1. Present criminal appeal has been preferred by the above

named sole appellant against his conviction and sentence

dated 29.05.2018/31.05.2018 passed by learned Additional

Sessions Judge-I, Dumka in S.T. Case No.185 of 2013 arising

out of Ramgarh P.S. Case No.36 of 2012, G.R. Case No.333 of

2012 (hereinafter called the impugned judgment and order),

whereby and whereunder the appellant has been held guilty

for the offence under sections 302, 201 read with section 34 of

Indian Penal Code and sentenced to undergo R.I. for life for

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the offence under section 302 of IPC along with fine of Rs.500

and 7 years R.I. and fine of Rs.500 for the offence under section

201 of IPC with default stipulation.

FACTUAL MATRIX

2. The prosecution story as depicted in the FIR is that the

informant’s daughter namely Sonmani Baski aged about 5-6

years along with other children of her village namely Lalpal

Baski aged about 6 years son of the present appellant and

Nimai Baski aged about 4 years went to play outside the house

on 15.03.2012 at about 10:00 AM. It is alleged in FIR that when

the daughter of informant did not return to home, then the

informant interrogated with Lalpal Baski(son of the appellant),

who disclosed that Sonmani Baski is with his father.

Thereafter, the present appellant was inquired by the

informant and villagers who flatly denied the whereabouts of

missing daughter of the informant rather on the next day, he

fled away from his house. On search, no clue of the daughter

of the informant was found. It is further alleged that on

20.03.2012, the present appellant returned to his home then

again the informant along with his son Shyamlal Baski, Gram

Pradhan namely Ramchandra Murmu, Ward Parshad and

other villagers went to ask him about Sonmani Baski then his

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father Jalpai Baski told that Sonmani has been killed and her

dead body is buried in the west-north side field covered with

mud and water (dal-dal). It is further alleged that on

identification of the place by the present appellant and his

father, the dead body of the deceased was recovered and

villagers assaulted the accused persons causing grievous

injuries and thereafter handed over to the police. Accordingly,

the FIR was registered.

3. After investigation, charge-sheet was submitted for the

offences under section 302, 201 and 34 of IPC against the

present appellant and his father Jalpai Baski. Both the accused

persons denied the charges and claimed to be tried. After

conclusion of the trial, co-accused Jalpai Baski has been

acquitted extending benefit of doubt but the present appellant

has been convicted and sentenced as stated above, which has

been assailed in this appeal.

4. The learned counsel for the appellant has challenged the

impugned judgment and order mainly on following grounds:

(i) Out of 11 witnesses examined by the

prosecution, there is no eye-witness of the

occurrence. The appellant and his father were

brutally assaulted and have sustained grievous

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injuries and a story of confession before villagers

was concocted.

(ii) The son of the appellant namely Lalpal Baski

aged about 6 years was never interrogated by the

police during the investigation and the

informant has concocted the story about the

disclosure by Lalpal Baski that Sonmani Baski is

with his father(appellant).

(iii) The village pradhan namely Ramchandra

Murmu in whose presence extra-judicial

confession is alleged to have been made by the

appellant leading to dead body of the deceased

has not been examined in this case. Moreover the

alleged extra-judicial confession relied upon by

the prosecution is absolutely irrelevant and

inadmissible in evidence and no recovery of

dead body was effected on the basis of alleged

extorted confession of the present appellant.

(iv)The dead body of the deceased was

recovered after five days of the occurrence i.e.

20.03.2012 from field covered with mud and

water. No dead body can be buried in such a

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field and there is a probability that the dead

body might have been floating with foul smell

and detected and recovered by the villagers.

Thereafter, the appellant was brutally assaulted

and his father was also put under pressure only

with a view to falsely implicate in this case.

(v) It is trite that extra-judicial confession is a

very week type of evidence and no conviction

can be based on it, where such confession is

vitiated from use of force, threat and violence

and outcome of grievous injuries caused to the

accused.

5. In view of the above points of arguments, it is submitted that

impugned judgment and order of the conviction and sentence

of the appellant is fit to be set aside and this appeal may be

allowed.

6. Per contra: learned Spl. P.P. appearing for the State has

vehemently refuted the aforesaid points of argument and

submitted that the prosecution witnesses have been able to

prove the charges leveled against the present appellant beyond

all shadow of reasonable doubt. The learned trial court has

very wisely apprised, scanned and evaluated the un-rebutted

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oral as well as documentary evidence adduced by the

prosecution. There is no valid and reasonable ground to

interfere with the impugned judgment and order with

conviction and sentence of the appellant. This appeal is devoid

of merits and is fit to be dismissed.

7. There is no doubt that conviction of appellant is based on his

extra-judicial confession before villagers. For better

appreciation of this case, it is here pertinent to briefly discuss

the evidence led by the prosecution.

8. P.W. 1 Shyam Lal Baski is the son of the informant.

According to his evidence, on 15.03.2012 at about 11 AM, his

sister Sonmani Baski along with two other children were

brought by Tinai Baski(appellant) from village Anganbadi

Centre, Baskumbha towards the filed, thereafter both the boys

returned to their home but his sister was kept by the appellant.

Thereafter, Tinai Baski returned to his house on 20th March and

upon interrogation with him, he did not disclose in respect of

whereabouts of Sonmani Baski. He further disposed that this

witness along with his father and other villagers, Gram

Pradhan went to the house of the present appellant and asked

as to where he has kept the girl since 15th March then the

appellant started shivering and the village Pradhan slapped

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him twice then he disclosed that he has murdered Sonmani

Baski and buried her dead body in the marshal land(dal-dal) of

his field. His evidence further goes to show that above incident

was communicated to village mukhiya and member of

chairman Jila Parishad. Tinai Baski put out the dead bod of the

girl from his field in presence of several villagers, family

members and Mukhiya Panmuri Murmu, District Councilor

Kanhai, Gram Pradhan Ramsah Murmu. Thereafter, above

incident was reported to the officer in-charge of concerned

police station and they arrived at the place of occurrence and

recorded fardbayan of his father and FIR was registered.

Prior to occurrence, there was some dispute about

landed property but there was no litigation. He has also

admitted that for the first time he came to know from Kanai

Lal Hembram, who is Anganbadi Sevika that the appellant has

taken his sister on 15.03.2012 at about 10:00 AM, the

Anganbadi Centre is just adjacent to his house where his sister

was studying in KG and she used to go the center at 8:00 AM

in the morning and return at 10-11 AM. He further admits that

thereafter he met with the appellant on 19th March at about

4:00 PM but not informed to anyone. He was interrogated on

20.03.2012 and upon interrogation, Tinai Baski confessed his

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guilt and the dead body was recovered and the police arrived

at place of occurrence at 12 PM.

9. P.W. 3, Rafail Tudu has also deposed that Sonmani Baski was

traceless from 4-5 days, Tinai Baski was interrogated by the

village Pradhan and other villagers, who disclosed that he has

killed the child and her dead body was buried in his field

beneath the mud. The dead body was brought by Tinai Baski

from his field.

This witness has also admitted in clear terms in his

cross-examination that prior to recovery of the dead body of

the deceased child, the appellant was brutally assaulted by the

villagers and his one leg was fractured and his father was also

assaulted.

10. P.W. 4 Chunda Hembrom is also hearsay witness and had

deposed that the daughter of the informant was missing from

4-5 days and her dead body was recovered from the field of

Tinai Baski on his confession.

11. P.W.6 Natwar Baski is also a local villager and hearsay

witness. According to his evidence the informant’s daughter

aged about 5 years was missing from 4-5 days. Tinai Baski fled

away from his house. After 4-5 days, Tinai Baski returned to

his home, then he was interrogated and told that the child is

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not with him and after search by the villagers and police, the

dead body of the child was recovered at the instance of the

Tinai Baski.

12. P.W.7 Babulal Murmu is fufera brother of the informant.

According to his evidence, on 17th March, he was informed by

his mamera brother Sandi Baski that his girl child is missing

from home and again on 20th March, the informant

communicated on telephone that the dead body of the girl has

been traced out, then he went to the village Basdang, where

several villagers were surrounding Tinai Baski and on

disclosure of Tinai Baski, the dead body of the Sonmani Baski

was recovered. He is a witness of the inquest report.

In his cross-examination, this witness has admitted

that when he reached at place of occurrence, the police was

present and inquest report was being prepared. He has signed

over the inquest report at about 2:30-3:00 PM.

13. P.W.8 Basu Kisku is wife of the informant. She has deposed

that her daughter was taken by the Tinai Baski while she was

playing with some children and thereafter the dead body was

brought out by the Tinai Baski from his field in the presence of

the villagers and police.

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14. P.W.9 Ramsay Murmu, this witness has disclosed that the field

from where the dead body of Sonmani Baski was found

belongs to his father Madhwa Murmu. The dead body was

found after 4-5 days and at the place of occurrence several

villagers were present along with Tinai Baski, who brought out

the deceased from his filed.

He has not seen the accused and the deceased together

nor at the time of killing her. He has also admitted that he

went to the place of occurrence after receiving information of

recovery of the dead body at about 12-1:00 PM.

15. P.W. 11 Shikiriya Hembrom, is also witness of the inquest

report. According to his evidence Sonmani Baski aged about 5

years was missing from 15.03.2012. The name of Tinai Baski

was disclosed by his son namely Lalpal Baski and thereafter

Tinai Baski fled away from his home and returned after 4-5

days, then he disclosed that he has killed Sonmani Baski and

disposed of her body in his field under mud. He was also

present at the time of recovery of the dead body at the instance

of Tinai Baski.

In his cross-examination, he admits that Tinai Baski

and his father were assaulted by the villagers before the

recovery of the dead body.

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16. P.W.5 Gandhi Baski is the informant of this case. According to

his evidence, on 15.03.2012 at about 8 AM his daughter

Sonamani Baski along with Lalpal Baski, Sundar and Ashok

went out for playing near palm tree. When his daughter did

not return then he asked from Lalpal Baski, who disclosed that

she has gone with his father Tinai Baski, then he went to the

house of Tinai Baski but he was not present and returned on

20th March. Upon interrogation by the police and the villagers,

Tinai Baski brought them towards a filed, where there was a

pit and dead body of Sonamani Baski was lying therein, which

was exhumed by Tinai Baski.

In his cross-examination, this witness admits that Tinai

Baski is his cousin. There was very cordial relationship with

the accused and his family members prior to the occurrence.

He has further deposed that his daughter was studying in the

village Anganbadi Centre and used to go to the Centre at

08:00 A.M. and return at 12:00 PM, but on the date of

occurrence, she did not go to the Anganbadi Centre. He has

further admitted that the place of occurrence is about 1 Km

away from his house and the said filed was so much muddy

and covered with water that if anyone put his leg , the whole

leg will sink into the mud. The police officer arrived at place of

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occurrence at about 2 PM then the dead body was brought out

but prior to that the villagers have brutally assaulted Tinai

Baski due to which his leg was fractured and both the accused

persons were brought to hospital by the police.

17. P.W. 2, Nishit Kumar Jha, the doctor who has conducted

autopsy of the dead body of Sonamani Baski on 20.03.2012 at

about 4:30 Pm and found following:-

External Examination:–

* Entire body was swollen, skin pilled off,

blisters were present over entire body,

petrification started and very offensive odour

coming from the body. Dry mud present over

entire body, bruise mark present over neck and

upper chest, Face was synosed.

On Dis-section of the body

* Entire internal organs show putrification

changes, gas was present in the body, internal

and external genital area swollen. Rectal Mucosa

prolapsed.

* Smear examination of genital organs shows

absence of spermatozoa, no any active injury in

genital area was noted. Rigor mortis were absent

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and putrification were present in the body. Time

elapsed since death more than 24 hours.

Opinion:-

* In my opinion cause of death is throttling that

result in asphyxia, i.e, de-section of oxygen

supply to brain tissue resulted in death.

In cross examination, this witness has clearly admitted

that tongue was not protruded. It is also admitted that

putrefaction of skin starts after 48 hours of death. This witness

also admits that no bones were fractured/effected. Fracture in

tracheal ring was not found. No nail mark and scratch mark

found externally over the neck.

18. P.W. 10, the Sub-Inspector namely Ashok Kumar is the

Investigating Officer of this case. According to his evidence on

20.03.2012 at about 11 AM, a telephonic call was received by

Gumla Police Station that in village Basdumah, a dead body of

5 years old girl has been found in field covered with mud and

water and excited crowd of villagers are beating to the accused

persons. This witness recorded station diary entry (sanha) and

proceeded at the place of occurrence along with other police

personnels and verified about occurrence. He recorded the

fardbayan of the informant Gandhi Baski and accordingly, a

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formal FIR was registered. He also prepared inquest report of

the deceased in presence of the witnesses. Tinai Baski and

Jalpai Baski were apprehended by the villagers and were

assaulted and handed over to him in injured condition and

also seeing their grievous injuries, they were sent to Sadar

Hospital, Dumka for treatment. In course of investigation, he

recorded the confessional statement of the co-accused persons

and after post-mortem report of the deceased and finding

sufficient materials against the accused persons, charge-sheet

has been submitted against them for the offences under

sections 302 and 201 of IPC.

In his cross-examination, this witness has also

admitted that before his arrival at the place of occurrence, the

dead body was brought out from the muddy filed and on that

time Tinai Baski was under unconscious state. He also noticed

that there was mud over the head area of the dead body and

other parts were covered with mud. He has not inspected the

area of dal-dal field, where from the dead body was brought

out. He also got injury report of both the accused persons from

Sadar Hospital and noticed that legs of both accused persons

were fractured.

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19. The aforesaid discussion of prosecution evidence unerringly

points out the following facts:-

(i) There is no eye-witness of the occurrence and

the case and the prosecution hinges upon

circumstantial evidence alone.

(ii) The prosecution has relied upon the

following circumstances, the victim girl went to

play outside the village along with the son of the

informant namely Lalpal Baski

(iii) Other boys returned to home except the

victim girl and the son of the appellant was

interrogated by the informant then he disclosed

that Sonmani Baski was staying with his father.

(iv) The present appellant was interrogated by

the informant but denied his presence with the

daughter of the informant on the alleged date of

occurrence.

(v) After 4-5 days of the missing child, the

present appellant returned to home then in the

presence of Mukhiya, Gram Pradhan and

District Councilor and several villagers, the

appellant was interrogated strictly by using force

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i.e. extra-judicial confession of the appellant,

then he disclosed that he has killed the deceased

and concealed the dead body in his field covered

with mud and water.

(vi) The dead body of the deceased was brought

out in the presence of the villagers by the

accused/appellant.

(vii) After recovery of the dead body, the

incident was communicated to the local police

station.

(viii) Inquest report and post-mortem report of

the deceased were prepared.

(ix) In the opinion of the doctor, who conducted

autopsy upon the dead body, the cause of death

is opined to be throttling/strangulation.

20. On the basis of above circumstances, the learned trial has held

the appellant guilty for the offences under sections 302 and 201

of IPC and sentenced him.

21. In the case of Kalinga v State of Karnataka, (2024) 4 SCC 735

wherein the Hon’ble Apex Court held as under:

“16. It is no more res-integra that an extra-judicial
confession must be accepted with great care and
caution. If it is not supported by other evidence on

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record, it fails to inspire confidence and in such a
case, it shall not be treated as a strong piece of
evidence for the purpose of arriving at the
conclusion of guilt. Furthermore, the extent of
acceptability of an extra-judicial confession depends
on the trustworthiness of the witness before whom it
is given and the circumstances in which it was given.
The prosecution must establish that a confession was
indeed made by the accused, that it was voluntary in
nature and that the contents of the confession were
true. The standard required for proving an extra-
judicial confession to the satisfaction of the Court is
on the higher side and these essential ingredients
must be established beyond any reasonable doubt.
The standard becomes even higher when the entire
case of the prosecution necessarily rests on the extra-
judicial confession.

22. The law with regard to extra-judicial confession has been

succinctly discussed in the case of Munna Kumar Upadhyay @

Munna Upadhya Vs. State of Andra Pradesh through public

prosecutor, Hyderabad, Andhra Pradesh reported in (2012) 6

SCC, 174 wherein the Hon’ble Apex Court referring its earlier

judgments observed as under:-

“56. This Court has had the occasion to discuss the
effect of extra-judicial confessions in a number of
decisions. In Balwinder Singh v. State of
Punjab [1995 Supp (4) SCC 259] this Court stated the
principle that:

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“10. An extra-judicial confession by its very nature is
rather a weak type of evidence and requires
appreciation with a great deal of care and caution.
Where an extra-judicial confession is surrounded by
suspicious circumstances, its credibility becomes
doubtful and it loses its importance.”

“57. In Pakkirisamy v. State of T.N. (1997) 8 SCC 158
the Court held that:

“8. … It is well settled that it is a rule of
caution where the court would generally look for an
independent reliable corroboration before placing
any reliance upon such extra-judicial confession.”

“58. Again, in Kavita v. State of T.N. (1998) 6 SCC
108 the Court stated the dictum that:

“4. There is no doubt that convictions can be
based on extra-judicial confession but it is well
settled that in the very nature of things, it is a weak
piece of evidence. It is to be proved just like any
other fact and the value thereof depends upon the
veracity of the witness to whom it is made.”

“59. While explaining the dimensions of the
principles governing the admissibility and
evidentiary value of an extra-judicial confession, this
Court in State of Rajasthan v. Raja Ram (2003) 8
SCC 180 stated the principle that:

“19. An extra-judicial confession, if voluntary
and true and made in a fit state of mind, can be
relied upon by the court. The confession will have to
be proved like any other fact. The value of the
evidence as to confession, like any other evidence,
depends upon the veracity of the witness to whom it
has been made.”

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The Court further expressed the view that:

“19. … Such a confession can be relied upon
and conviction can be founded thereon if the
evidence about the confession comes from the mouth
of witnesses who appear to be unbiased, not even
remotely inimical to the accused, and in respect of
whom nothing is brought out which may tend to
indicate that he may have a motive of attributing an
untruthful statement to the accused….”

“60. In Aloke Nath Dutta v. State of W.B. (2007) 12
SCC 230, the Court, while holding that reliance on
extra-judicial confession by the lower courts in
absence of other corroborating material, was
unjustified, observed:

“87. Confession ordinarily is admissible in
evidence. It is a relevant fact. It can be acted upon.
Confession may under certain circumstances and
subject to law laid down by the superior judiciary
from time to time form the basis for conviction. It is,
however, trite that for the said purpose the court has
to satisfy itself in regard to: (i) voluntariness of the
confession; (ii) truthfulness of the confession; (iii)
corroboration.

“89. A detailed confession which would
otherwise be within the special knowledge of the
accused may itself be not sufficient to raise a
presumption that confession is a truthful one. Main
features of a confession are required to be verified. If
it is not done, no conviction can be based only on the
sole basis thereof.”

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“61. Accepting the admissibility of the extra-judicial
confession, the Court in Sansar Chand v. State of
Rajasthan [(2010) 10 SCC 604 held that:-

“29. There is no absolute rule that an extra-
judicial confession can never be the basis of a
conviction, although ordinarily an extra-judicial
confession should be corroborated by some other
material.

23. From the above discussion, the principle propounded by the

Hon’ble Apex court transpires that an extra-judicial confession

is a week type of evidence, however, the court can still convict

someone based on extra-judicial confession, if it is proved to be

voluntarily, truthful, and free of inducement threat or promise

as per provision of section 24 of the Evidence Act. The court

also considers the circumstances in which the confession was

made and the reliability of the confession, if the confession is

circumstantial and the prosecution case is based solely on it,

the accused cannot be convicted unless the prosecution

completes the chain of circumstances. Therefore, the extra-

judicial confession must be of “sterling quality”.

24. In the present case, extra-judicial confession is essentially

based on the deposition of informant (PW 5) Gandhi Baski.

According to him, on the very day of occurrence i.e. 15.03.2012

when the informant’s daughter did not return to home then he

asked with the son of the appellant namely Lalpal Baski (aged

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about 4 ½ years) who disclosed that she is with his father . On

the same day, the informant went to the house of the appellant

then he replied that he does not know about the daughter of

the informant. After 4-5 days when the present appellant

returned to his home then the informant along with village

Pradhan Ramchandra Murmu and other villagers interrogated

with the appellant and also slapped and put under danger of

life then he disclosed that he has committed murder of

Sonamani Baski and concealed her dead body in his filed

covered with mud and water. It is stated that dead body of the

deceased was brought by the present appellant in presence of

villagers and the police. This fact is also asserted by Shyam Lal

Baski (PW 1), Rafail Tudu (P.W. 3), Chunda Hembrom (P.W.

4), Natwar Baski (P.W.6), Babulal Murmu (P.W.7), Basu

Kisku (P.W.8), Ramsay Murmu (P.W.9), Sikinay Hembrom

(P.W. 11), Gandhi Baski (P.W.5) and Nishit Kumar Jha (P.W.

2) but none of the witnesses have been able to prove the exact

words amounting to confession of guilt by the accused or

recorded by any of the witnesses like village Mukhiya, Ward

Parishad or other inimical villagers, who were present at the

scene of occurrence. The confessional statement of the present

appellant recorded by the Investigating Officer after recovery

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of dead body, while he was under custody on 20.03.2012, has

no relevance in the matter either as a confession of guilt or the

recovery of dead body on the strength thereof. The informant

has also failed to offer any explanation as to why he did not

lodge the report before the police immediately, when he had

suspicion for commission of offence by the present appellant

on the date of occurrence itself as alleged in the FIR.

25. Extra-judicial confession of the present appellant does not

appear to be true and voluntarily in nature rather admittedly it

was extorted after giving assault to the present appellant and

his father by the villagers and both legs of the appellant were

fractured in said assault. It is also surfaced that the field

wherein the dead body of deceased has been recovered

belongs to PW 9 Ramsay Murmu. As such, the prosecution has

also failed to prove that the land in question belong to the

appellant. Therefore, the basis of conviction of the appellant in

pursuance to his extra-judicial confession is totally

unwarranted under law being irrelevant in view of the

provisions of sections 24 and 25 of the Indian Evidence Act.

26. So far as the circumstantial evidence proving the guilt of the

appellant is concerned are also not sufficient to furnish

complete link of chain conclusively pointing towards the guilt

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of the present appellant. There is no motive for causing death

of the deceased, none has seen the accused while he was taking

away the victim girl. The claim of informant that the son of the

present appellant Lalpal Baski told that Sonmani Baski is with

his father, is also not proved by the prosecution by examining

as witness. Although, the said child was only about 4-5 years

old and also not interrogated by the Investigating Officer. P.W.

1 Shyamlal Baski, who is none else but son of the informant

has admitted that his sister(deceased) had gone to Anganbadi

Centre for studying, from where she had gone to play with

some children but surprisingly none of the staffs of the

Anganbadi Centre were interrogated during the investigation

and examined as witnesses by the prosecution, which might

have revealed true state of affairs.

27. In our thoughtful consideration of each and every aspect of the

case and evidence available on record, we find that the

prosecution has miserably failed to prove extra-judicial

confession of the appellant to be true and voluntarily rather

outcome of giving grievous injuries to the appellant and his

father. The circumstances relied upon by the prosecution are

also not of conclusive nature rather necessary links of chain are

lacking to arrive at definite conclusion. We find that the

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learned trial court has ignored the nature of extra-judicial

confession of the appellant and the manner in which it was

secured as well as the totality of circumstances of the case and

thus arrived at wrong conclusion about guilt of the appellant.

Accordingly, we find merits in this appeal, which is hereby

allowed and impugned judgment of conviction and sentence

dated 29.05.2018/31.05.2018 passed by learned Additional

Sessions Judge-I, Dumka in S.T. Case No.185 of 2013 of

appellant, is set aside.

28. Appellant is in custody, he is directed to be released forthwith,

if not required in any other case.

29. Pending I.A(s), if any, is also disposed of accordingly.

30. Let the copy of this order along with record of trial court be

sent back for information and needful.

(Rongon Mukhopadhyay, J.)

(Pradeep Kumar Srivastava, J.)

Jharkhand High Court, at Ranchi
Date:12 /09/2024
Pappu/- A.F.R.

Cr.A(D.B.) No.945 of 2018
24

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