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IN THE HIGH COURT OF JHARKHAND AT RANCHI

Criminal Appeal (DB) No. 1250 of 2018

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Jyoti Mukhi, S/o Late Sohan Lal Mukhi, Age-32 years, R/o-Dhatkidih,

Harijan Basti, P.O. & P.S.-Bistupur, Town-Jamshedpur, Dist.-East

Singhbhum

... ... Appellant(s)

Versus

The State of Jharkhand …… Respondent(s)

With

Criminal Appeal (DB) No. 194 of 2019

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1. Holiya Mukhi, aged about 30 years,

2. Khoon Mukhi @ Vikash Mukhi @ Vikash, aged about 24 years,

3. Tika Mukhi @ Gopi @ Tika, aged about 30 years,

All sons of Late Sohan Lal Mukhi, resident of Dhatkidih, Harijan

Basti, P.O. & P.S.-Bistupur, Town-Jamshedpur, Dist.-East Singhbhum.

... ... Appellant(s)

Versus

The State of Jharkhand …… Respondent(s)

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CORAM: SRI ANANDA SEN, J.

: SRI PRADEEP KUMAR SRIVASTAVA, J.

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For the Appellant(s) : Mr. A.K. Kashyap, Sr. Advocate

Mr. Pran Pranay, Advocate

For the State : Mr. Saket Kumar, APP

[Cr. A. (DB) No. 194 of 2019]

Mr. Rajneesh Vardhan, A.P.P.

[Cr. A. (DB) No. 1250 of 2018]

For the Informant : Mr. Vikash Kumar, Advocate

[Cr. A. (DB) No. 194 of 2019]

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J U D G M E N T

C.A.V. on 30.09.2026 Pronounced on 15 /10/2026

Per- Pradeep Kumar Srivastava, J.

1. Above appeals are arising out of common judgment, hence taken

together for hearing.

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2. Heard the arguments of learned Sr. counsel for the appellants as

well as learned A.P.P.s assisted by learned counsel appearing for

the Informant.

3. The above named appellants have been held guilty for the

offence under Section 148, 302 read with Section 149 of the I.P.C

and Section 27 of Arms Act vide judgment dated 30/31.08.2018

passed by learned Addl. Sessions Judge-Vth, East Singhbhum at

Jamshedpur in S.T. No. 83 of 2007 (arising out of Bistupur P.S.

Case No. 125 of 2016 corresponding to G.R. Case No. 1388 of

2016) whereby and whereunder appellants are convicted and

sentenced to undergo rigorous imprisonment for life along with a

fine of Rs. 20,000 each, with default stipulation; R.I. for 3 years

and a fine of Rs. 1000/- under Section 148 of the I.P.C. along with

default stipulation; R.I. for 5 years along with a fine of Rs. 5000/-

with default stipulation.

Factual Matrix:-

4. Factual matrix giving rise to these appeals is that on 18.05.2016, at

about 6:45 A.M., Munna Ghosh (informant) was sitting in the

quarter of Kallu Ghosh who had gone to practise Yogashan.

Informant sometime remained in the house of Kallu Ghosh, in

the meantime, he heard sound of bullet firing and rushed

towards the place and found Kallu Ghosh was screaming and

Holiya Mukhi (appellant in Cr. App. (D.B.) No. 194 of 2019) has

opened firing on his chest. The informant also noticed that Holiya

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Mukhi and his brothers, all armed with pistol were chasing Kallu

Ghosh and all the accused persons were shooting by fire arms.

Informant was also aimed by firing against him which was

misfired and the accused persons fled away. The injured was

taken to T.M.H. where in course of treatment, he died at 2:30 PM.

It is also alleged that prior to this occurrence, the aforesaid five

accused persons, on 26.09.2015 assaulted to the deceased Kallu

Ghosh with sword and for that occurrence, wife of deceased had

lodged an F.I.R. and that case is pending. It is alleged that due to

revenge of that case, they have committed murder of informant’s

brother.

5. On the basis of written report of the informant, Bistupur P.S.

Case No.125 of 2009 was registered against the above named

accused persons for the offence under Section 147, 148, 149, 302 of

the I.P.C and Section 27 of the Arms Act.

6. The above case was investigated by an A.S.I. posted at the

Bistupur police station. After taking charge of investigation, he

reached at the place of occurrence. After registering a formal FIR,

the station in-charge also reached at the spot. Three bullet shells

were found at the place of occurrence and one bullet shell and

some soil mixed with blood were also found at the second place

of occurrence near the door of Premvati Devi which were seized

and seizure list was prepared in presence of independent

witnesses Prem Mukhi (P.W.-3) and Paresh Mukhi (P.W.-4)

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marked as Exhibit 2/3. He also inspected the place of occurrence.

The first place of occurrence was the pavement road located in

the Harijan Basti of Dhatkidih village. On the north side of the

road, behind the house of deceased Kallu Ghosh, there is a

platform of about 20 x 10 feet built under a Peepal tree. There is a

Peepal tree on the eastern end of this platform. The northern end

of the platform is adjacent to the wall of the house of deceased

Kallu Ghosh. The northern end of this platform meets the wall of

the house of deceased Kallu Ghosh, three bullet shells were

recovered lying on the ground. It is said that deceased Kallu

Ghosh was shot and injured while doing yoga at this very place.

The second place of occurrence is located approximately two

hundred yards northeast of the first incident site, on a mud

platform built near the door of Premvati Devi's house. A bullet

hole was found lying on the northern edge of the platform. Some

blood-stained mud was also found, which was seized in the

presence of two independent witnesses. In the course of

investigation, inquest report (Ext.-1/2) was prepared and dead

body of deceased was sent for post-mortem. The statements of

the witnesses Julie Ghosh (wife of deceased), Animesh Ghosh,

Anjan Ghosh and Paresh Mukhi were recorded. Post-mortem

report of the deceased Kallu Ghosh along with two bullet

fragments were obtained from the hospital in a sealed envelope.

A production cum seizure list was prepared (Exhibit 8).

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7. After completion of investigation, finding sufficient evidence

against accused persons for offences under Sections 147, 148, 149

& 302 of the IPC and 27 of Arms Act, charge-sheet was

submitted.

8. After taking cognizance of aforesaid offences, the case was

committed to the Court of Sessions, where S.T. No. 83 of 2017

was registered. The charges were framed and explained to the

accused persons in Hindi to which they pleaded not guilty and

claimed to be tried.

9. In the course of trial, altogether 10 witnesses were examined by

the prosecution:-

P.W.-1 Animesh Ghosh

P.W.-2 Anjan Ghosh

P.W.-3 Prem Mukhi

P.W.-4 Paresh Mukhi

P.W.-5 Juli Ghosh

P.W.-6 Dr. Lallan Choudhary

P.W.-7 Munna Ghosh (Informant)

P.W.-8 Shambhu Nath Thakur

P.W.-9 Chitranjan Mishra

P.W.-10 Ramchandra Ram

10. Apart from oral testimony of the witnesses, following

documentary evidence has also been adduced on behalf of the

prosecution:-

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Ext. -1 & 1/1 Signature of Anjan Ghosh (P.W.-2) and

Munna Ghosh (P.W.-7) on Inquest report.

Ext.-2, 2/1, 2/2 & 2/3 Signature of P.W.-3 (Prem

Mukhi), P.W.-4 (Paresh Mukhi) & P.W.-7 (Munna Ghosh)

on seizure list.

Ext.-3 Post Mortem Report dated 19.05.2016

Ext.-4 & 4/1 Written Report and Endorsement

Ext.-5 Challan

Ext.-6 Confessional Statement of accused

Holiya Mukhi

Ext.-7 Formal F.I.R.

Ext.-8 Seizure list

11. On the other hand, no oral or documentary evidence has been

adduced on behalf of the defence. The case of defence is denial

from occurrence, plea of innocence and false implication.

12. The learned Trial Court after evaluating the evidence, both oral

as well as documentary arrived at definite conclusion about guilt

of the present appellants and accordingly, convicted and

sentenced them as stated above, which has been assailed in these

appeals.

Submissions on behalf of appellants: -

13. Learned counsel for the appellants challenging the validity of

the impugned judgment has pointed out following

grounds/points:-

 The learned Trial Court has failed to properly scrutinize

the oral as well as documentary evidence available on

record in proper perspective and interpreted the evidence

merely on speculation and presumption and the basis of

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findings recorded by the learned Trial Court has been

sustained on inadmissible evidence.

 There is no eye-witness of the occurrence and the

witnesses who are claiming to be eye-witness of

occurrence cannot be relied upon as per the materials

elicited in their cross-examination showing that they have

reached at the place of occurrence after the death of the

deceased and all have seen that the deceased was laying

dead on Earth and thereafter projected a story that the

accused persons were fleeing away opening fire in the air.

 It is admitted fact by PW-5 Juli Ghosh, wife of the

deceased that at the time of occurrence, informant was

inside her house. She herself is not an eye-witness.

Similarly, the informant cannot be branded as an eye-

witness of the occurrence.

 No incriminating article or weapon of offence has been

recovered or seized from the conscious possession of the

appellants connecting them with the alleged occurrence.

 There was specific allegation against Jyoti Mukhi about

firing in the stomach of the deceased but the other

accused persons who happened to be brother of the Jyoti

Mukhi have been falsely roped in this case without

proving their specific role, improperly invoking the

principles under Section 149 of the I.P.C.

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 The motive asserted in the F.I.R. has also not been proved

by leading evidence in support thereof. There is no direct

or circumstantial evidence against the appellants showing

their involvement in commission of the murder of the

deceased.

 In the above premises, it is prayed that appellants

deserves to be acquitted from the charges leveled against

them and the impugned judgment of conviction and

order of sentence of the appellants is liable to be set aside

and in this appeal may be allowed.

Submissions on behalf of the State

14. On the other hand, learned A.P.P. assisted by learned counsel for

the informant has opposed the contentions raised on behalf of

the appellants and has contended that the learned trial Court has

very wisely and aptly apprised and appreciated the evidence

available on record in the light of overall circumstances under

which the offence of murder was committed. Therefore, there is

no illegality or infirmity in the impugned judgment calling for

any interference by way of these appeals, which are devoid of

merits and fit to be dismissed.

Analysis, reasons and decision:

15. We have gone through the record of the case along with

impugned judgment in the light of contentions raised on behalf

of respective parties.

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16. The only point for determination in these appeals is “as to

whether the impugned judgment and order of conviction and

sentence of the appellants suffers from any error of law, which

requires any interference in these appeals?”

17. Before embarking to decide the above point, it is pertinent to

take brief resume of oral as well as documentary evidence

adduced, during trial.

P.W.-1 Animesh Ghosh has deposed that this incident occurred

on 18/5/2016 at 6:45 a.m. when he was at home and his sister,

Pooja Ghosh, was also inside, then, he heard sound of three or

four gunshots. He went outside and saw his uncle, Kallu Ghosh,

staggering. He then saw Holia Mukhi, Khun Mukhi alias Vikas,

Tika Mukhi alias Gopi, Khujali Ganesh alias Ganesh Ghosh, and

Jyoti Mukhi, all armed with pistols were running and firing two

or three shots, threatening to kill anyone. It is also stated that

prior to this incident, on the morning of 26/9/2015, these five

men attacked his uncle, Kallu Ghosh, with swords, and aunt's

clothes were torn.

His younger brother, Anjan Ghosh, drove the scooter, and

he sat behind his uncle on the scooter. They took him to TMH

and got him admitted, where he died during treatment at 2-2:30

pm. His uncle told him at the place of occurrence that Holiya

Mukhi shot him from behind, then, Khujali Ganesh shot him

in the chest, and Khun Mukhi alias Vikas, Tika Mukhi, and

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Jyoti Mukhi also shot him. There is a platform near his house

from where three empty cartridges were found, and one near

Akera Mukhi's house, where his uncle had fallen. Two bullets

were recovered during the post-mortem. All the accused who

shot him are present in court and this witness identifies them.

P.W.-2 Anjan Ghosh has deposed that this incident occurred on

18.5.2016 at around 6:45 – 7:00 a.m. when he was inside the

house, he heard three or four gunshots coming from outside. He

came out and saw his uncle Kallu Ghosh running and

staggering, followed by Holia Mukhi, Khujali Ganesh alias

Ganesh Ghosh, Jyoti Mukhi, Tika Mukhi, and Khoon Mukhi,

were firing bullets and threatening to kill anyone. His brother

and this witness then took his uncle Kallu Ghosh to TMH

Hospital and got him admitted. His uncle Kallu Ghosh died at

the hospital at around 2:30 P.M. While he was taking his uncle

to the hospital on his scooter, his uncle Kallu Ghosh told them

that Holiya Mukhi shot him from behind, Khujali Ganesh

shot him in the chest, and the three others, Tika Mukhi,

Khoon Mukhi, and Jyoti Mukhi, also shot him. They pinned

him on the ground and beat him with kicks and punches. At the

same time, Khujali Ganesh hit him with butt. Even before that,

on 26.9.2015, the accused persons had attacked his uncle with a

sword, a case for which is pending in Bistupur.

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P.W.-3 Prem Mukhi has proved his signature on the seizure list

(Ext.-2) According to his evidence on 18.05.2016 at 15:45, the

police recovered four Khokha (shells) and blood-stained soil in

front of this witness. Three Khokha were recovered from the

platform (Chabutra) near the Peepal tree and one was recovered

from near Ekra's house. The police prepared the seizure list. He

was also present inside house on the date of occurrence and

hearing the sound of firing came out and saw that Kallu Ghosh

was lying in injured condition in front of Ekra Mukhi's house.

P.W.-4 Paresh Mukhi also stated that on May 18, 2016, at 6:45

a.m., suddenly, he heard sound of three or four gunshots then,

went to the place of occurrence. He saw Kallu Ghosh lying on

the ground in front of the Peepal tree, under pool of blood.

Holiya Mukhi, Tika Mukhi, Khujali Ganesh, Jyoti Mukhi, and

Khoon Mukhi were also present there, kicking and punching

him and hitting him with the butts of pistols. As they left, they

fired three or four shots again in the air threatening to kill

anyone. Anjani and Animesh arrived at the scene. A commotion

erupted in the neighborhood. Kallu was taken to TMH on a

black scooty. He followed them to TMH. Kallu was conscious

on the way. He narrated that Holiya Mukhi had fired the first

shot, pointing at his back. He died during treatment at TMH.

The police recovered three empty cartridges in front of the

Peepal tree and in front of Ekra Mukhi's house, one empty

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cartridge and blood stained soil were seized. The police

prepared the seizure list. He proves his signature on seizure list

marked as Ext.2/1.

P.W.-5 Juli Ghosh is the wife of the deceased. According to her

evidence, her husband had gone for practicing yoga and she

along with her brother-in-law Munna Ghosh were chatting. Her

husband went towards the Peepal tree to practice yoga which is

about five steps from the house. She further states that on

18.05.2016, at about 6:45 AM, she heard sound of firing and

along with her Dever Munna Ghosh rushed outside and saw

that her husband was staggering due to gunshot injury. He was

saying that Holiya Mukhi had shot him in the back. Her

husband then went and sat down some distance away. After

sitting down, Khujli Ganesh hit him with the butt of a gun.

Vikas Mukhi, Tika Mukhi, and Jyoti Mukhi also fired at her

husband, hitting him in the chest and back side. All the accused

were saying that anyone who dares, would face the same

consequence, and they fled, firing bullets. Her nephews,

Animesh Ghosh and Ranjan Ghosh took her husband, Kallu

Ghosh to TMH Hospital. Later, at around 2:30 pm, her husband

was declared dead. She further states that prior to this incident,

the same accused persons have assaulted her husband, Kallu

Ghosh, with a sword. A case was lodged, which is still pending.

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She has identified all the accused persons namely Holiya Mukhi,

Khujali Ganesh, Vikas Mukhi, Jyoti Mukhi, Tika Mukhi.

P.W.-6 is Dr. Lallan Choudhary, he has conducted the

Postmortem of deceased Kallu Ghosh. He has proved the

postmortem report, which has been marked as Ext.-3. He has

found the following antemortem injuries present over the body

of deceased.

(A)- Stitched wound -

(i) Two in number separately over Rt. side of neck.

(ii) Longitudinal over mid line of abdomen 30 cm and 11 cm

transversally (all surgical) and two stitches over left side of

chest. 9 cm below left auxilla.

(B)- Entry wounds-

(i)- 1 cm x 0.75 cm surrounded by blackening 4 cm x 2.5 cm over

outer aspect of left arm making an exit over inner aspect of the

left arm 1 cm x 1 cm and again making an entry wound 1cm x

1cm over left side of chest 1 cm below axilla in same line.

(ii)- 2 cm x 2 cm with abraded margin over Rt. shoulder mid line

tap.

(iii) 1 cm x 1 cm over left side back of lower chest 7 cm left

lateral to vertebral column and 29 cm below left side nape of

neck margin is abraded.

On dissection-

One mettalic bullet recovered from left side front of chest 6 cm

below left clavicle and one other mettalic bullet recovered from

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left shoulder. Both bullets marked capital (L) on base, sealed in

an envelope and handed over to constable.

Left lung pearsed, bed of spleen grossly contused, bed of

left kidney contused. Both sides on neck grossly contused.

Size of bullet-

(I) length 1.3 cm, circumference 2.4 cm

(ii) length 1.3 cm circumference 2.4 cm

Left shoulder dislocated.

Stomach contain blood about 50 ml and urinary bladder empty.

Opinion-

Cause of death- Hemorrhage and shock, injuries in (B) and

internal injuries are caused by fire arm.

Time since death- 18 hours to 24 hours approx.

P.W.-7 Munna Ghosh has deposed that the incident occurred

on 18.05.2016 at 6:30 a.m. He had gone to his brother Kallu

Ghosh's house. They were sitting and chatting with his wife, Juli

Ghosh, Kallu Ghosh left after telling them that he was going to

the platform to do yoga. Three to four minutes later, we heard

gunshots. Juli Ghosh and this witness came out of the house and

saw that Holiya Mukhi, Vikas Mukhi, Tika Mukhi, Khujali

Ganesh, and Jyoti Mukhi had shot Kallu Ghosh one by one.

Holiya Mukhi shot with a pistol in the back of Kallu Ghosh.

Kallu Ghosh came staggering and running away from the place

of occurrence. He was saying that Holiya Mukhi, Vikas Mukhi,

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Tika Mukhi, Khujali Ganesh, and Jyoti Mukhi had shot him. He

fell near Ekra Mukhi's house. He saw all five accused running

away. They had pistols in their hands. When his brother fell, all

five accused shot him separately. They also hit him with the butt

of pistol and legs and threatened to kill anyone. They then fled,

firing in the air. People from the neighborhood arrived. His son,

Animesh Ghosh, Anjan Ghosh, and his cousin, Chandan Ghosh,

arrived, then, his son, Anjan Ghosh, and Animesh took his

brother, Kallu Ghosh, on a scooty to TMH Hospital. While

undergoing treatment there, his brother was declared dead at

around 2:30 p.m. He has further deposed that earlier on

26.09.2015, the same five accused had attacked my brother Kallu

Ghosh with a sword, in connection with which a case was

registered in Bistupur police station. He submitted a written

report to the police station in-charge. His friend Kumar Vishwas

on his dictation scribed his report. He read it and signed it,

which he recognizes as Exhibit 4. Inquest report was prepared

and the police seized three empty bullets from the platform and

one from near Ekra Mukhi's house. Blood-stained soil was also

seized. A seizure list was prepared, which bears his signature

marked as Ext.2/2. He identified all the accused persons present

through V.C.

P.W.-8 Shambhu Nath Thakur presented the seized item AND

Challan before the Court relating to Bistupur Police Station Case

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No. 125/16. A sealed envelope was presented in connection

with Bistupur Police Station Case No. 125/16 dated 18.9.2016

under sections 147, 148, 149, 302 of the Indian Penal Code and 27

of the Arms Act. The sealed envelope was opened. Four bullet

cartridges were found inside it and blood stain visible on one of

these pieces of paper. All four cartridges are marked as exhibits

M1, M2, M3, M4 and the blood stain on the piece of paper is

marked as exhibit M5.

P.W.-9 Chitranjan Mishra has taken the charge of investigation

from earlier I.O. and after investigation submitted charge-sheet

and supplementary charge-sheet.

18. On the other hand, the case of defence is simple denial from

occurrence and plea of innocence.

19. From the aforesaid discussion of oral as well as documentary

evidence adduced by the prosecution, it appears that the

manner in which the occurrence took place has categorically and

consistently been proved by the P.W.-1 and P.W.-2 (Nephew of

the deceased), P.W.-4 (Independent witness), P.W.-5 (wife of the

deceased) and P.W.-7 (brother of the deceased) without any

contradictions in their testimony deposing that when they went

outside after hearing gunshots, saw deceased (Kallu Ghosh)

staggering. Then, they saw Holia Mukhi, Khun Mukhi alias

Vikas, Tika Mukhi alias Gopi, Khujali Ganesh alias Ganesh

Ghosh, and Jyoti Mukhi, all armed with pistols, were running,

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firing two or three shots, threatening to kill anyone. Moreover, it

also appears from the testimony of P.W.-1, 2, 4, 5 and 7 that all

have also stated that prior to this incident, on the morning of

26/9/2015, these five men attacked on deceased, Kallu Ghosh,

with swords against that, a case is also pending. The doctor

(P.W.-6) who has conducted the post-mortem on the body of the

deceased has also opined the cause of death due to hemorrhage

and shock due to injuries caused by fire arm. Two pellets were

also recovered from the body of the deceased. The manner of

injuries as inflicted by the accused persons and as disclosed by

the prosecution witnesses is also corroborated with the post-

mortem report.

20. In view of the above, the manner of occurrence shows that there

was common object of all the accused persons forming an

unlawful assembly to commit the murder of the deceased. The

learned trial Court has also dealt with entire facts of crime in the

light of oral and documentary evidence adduced by

prosecution. There appears no legal substance in the points of

arguments raised on behalf of appellants. Therefore, we do not

find any error of law warranting any interference in the

impugned judgment to take a different view than that of the

learned trial Court.

21. In view of the aforesaid discussions and reason, these appeals

stand dismissed.

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22. Appellants are in custody.

23. Let a copy of this judgment be furnished forthwith to the

appellants through learned A.P.P.

24. Pending I.A., if any, stands disposed of, accordingly.

25. Let a copy of this judgment be sent to concerned trial court for

information and needful.

(Pradeep Kumar Srivastava, J.)

I agree

Ananda Sen, J.

(Ananda Sen, J.)

Jharkhand High Court, at Ranchi

Date: 15/10/2026

Basant/-N.A.F.R.

Uploaded on 15/10/2026