CHANDRA MOHAN CHATOMBA ALIAS CHANDRO CHATOMBA vs THE STATE OF JHARKHAND
- Court
- Jharkhand High Court
2026:JHHC:26177
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J) No.78 of 2019
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[Against the Judgment of conviction and Order of sentence
dated 13.12.2018, passed by the learned Additional
Sessions Judge - I, West Singhbhum at Chaibasa in Sessions
Trial No.188 of 2016, arising out of Hatgamharia P.S. Case
No.04 of 2016, corresponding to G.R No.52 of 2016]
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1. Chandra Mohan Chatomba @ Chandro Chatomba, aged
about 50 years, son of Late Madho Chatomba, Resident
of Village – Amdiha, Tola Kandeysai, P.O & P.S. -
Hatgamharia, District – West Singhbhum, Chaibasa.
2. Chumbru Chatomba @ Chamru Chatomba, aged about
47 years, son of Late Madho Chatomba, Resident of
Village – Bara Amdiha, Tola Kandeysai, P.O & P.S –
Hatgamharia, District – West Singhbhum, Chaibasa.
3. Motura Birua @ Mathura Birua, aged about 45 years,
son of Martam Birua, Resident of Village – Sardiya
Mundasai, P.O & P.S. - Hatgamharia, District – West
Singhbhum, Chaibasa. ..... Appellants
Versus
The State of Jharkhand ..... Respondent
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PRESENT
HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellants : Mr. Anjani Kumar, Advocate
For the State : Mr. Rajesh Kumar, A.P.P
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st
Order No.07/ Dated: 31 August, 2026
1. Heard Mr. Anjani Kumar, learned counsel for the
appellants and Mr. Rajesh Kumar, learned counsel for the
State.
2. The present appeal is directed against the Judgment
of conviction and order of sentence dated 13.12.2018,
passed by the learned Additional Sessions Judge – I, West
Singhbhum at Chaibasa, in Sessions Trial No.188 of 2016,
arising out of Hatgamharia P.S. Case No.04 of 2016 (G.R.
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No.52 of 2016), whereby the appellants have been
convicted for the offence under Sections 341, 325/34 &
504/34 of the Indian Penal Code (in short IPC) and have
been sentenced to undergo rigorous imprisonment for
three years with fine of Rs.10,000/- each with default
clause for the offence under Section 325/34 IPC, simple
imprisonment for one month for the offence under Section
341/34 IPC, and rigorous imprisonment for two years with
fine of Rs.10,000/- each with default clause for the offence
under Section 504 IPC. All the sentences were directed to
run concurrently.
3. The prosecution story, in short, as per the fardbayan
of the informant namely, Brajmohan Chatomba, recorded
by the A.S.I. Md. Fakhruddin of Hatgamharia Police Station
on 13.02.2016 at 01:00 P.M. at Sadar Hospital, Chaibasa, is
that on 11.02.20126 (Thursday) at about 04 O'clock in the
evening, he was sitting in the house of one Hurdub Koda of
village Amdiha after sawing wood in his house. In the
meantime, Mora Chatomba, Chandro Chatomba, Chumbru
Chatomba, Jhingi Kui and Motura Birua came there by
forming an unlawful assembly and abused the informant.
The said miscreants told the informant to come with them
to Munda by saying that his decision will be taken there.
When the informant tried to know from them as to why
they are taking him, they told that one year ago, the wife of
Amro Chatomba was murdered in which you had called the
police and sent us to jail. By saying so, the above named
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accused persons abused and assaulted the informant with
fist and blow with an intention to kill him due to which the
informant became unconscious. Thereafter, the informant
was brought to the hospital for treatment where he
regained his consciousness on 13.02.2016 and it was
disclosed by his wife that the Chaibasa Police had brought
him to the hospital and got admitted there. It was claimed
that the said miscreants have assaulted the informant with
an intention to kill him.
On the basis of said fardbayan of the informant, the
F.I.R being Hatgamharia P.S. Case No. 04/2016 dated
13.02.2016 was registered against altogether 05 accused
persons namely, Mora Chatomba, Chandro Chatomba,
Chumbru Chatomba, Jhingi Kui and Motura Birua, under
sections 341, 323, 504, 307, 120B/34 of the Indian Penal
Code.
The police, after completing the investigation, has
submitted the charge-sheet on 27.06.2026 against the 03
accused persons namely, Chumbru Chatomba, Motura
Birua and Chandro Chatomba, under sections 341, 323,
504, 307, 120B/34 of the Indian Penal Code, keeping the
investigation continued against the accused persons Mora
Chatomba and Jhingi Kui. The charge has been framed on
06.12.2018 under Sections 341/34, 323/34, 504/34, 307,
120B/34 IPC against the appellants. Thereafter, the case
has been committed to the court of Sessions to which the
appellants have pleaded innocence and claimed to be tried
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and accordingly, the trial has commenced.
4. To substantiate the charges, the prosecution has
examined altogether 08 witnesses. Only relevant witnesses
are P.Ws.-1 & 2 and rest of the witnesses have either
declared hostile or have not supported the prosecution
story. However their depositions, in short, are as follows:-
5. P.W.-1, Barjo Chatomba@ Braj Mohan Chatomba,
is the informant of this case. He has clearly stated the
name of four persons including the present appellants
regarding the indiscriminate assault made, but this fact
does not get corroboration from the medical report. He has
stated regarding the presence of several independent
witnesses, but none of the independent witnesses have
supported the incident. Further, he has not stated
regarding the presence of P.W.-2 at the place of occurrence.
6. P.W.-2, Mungali Chatomba, is the wife of the
informant and she claimed herself to be present at the
place of occurrence and as an eye witness also. She has
admitted that the accused are the family members.
7. P.W.-3, Sri Uday Chatomba, is the son of the
informant and a hearsay witness.
8. P.W.-4, Sri Rashika Koda, is also a hearsay witness.
9. P.W.-5, Dr. Sanjay Kujur, is the doctor, who has
proved the injury report and he has not found any external
injury on the person of the informant, as has been disclosed
in the prosecution story.
10. P.W.-6, Budhni Koda , has been declared hostile.
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11. P.W.-7, Savitri Koda , has also been declared hostile.
12. P.W.-8, Md. Fakruddin , is the investigating officer of
the case and he has stated that he has taken the
statements of the witnesses of nearby village, who were the
eye witnesses, but they have been declared hostile.
13. On consideration of above materials on record, the
trial Court has found the appellants guilty for the offence
under Sections 341, 325/34 & 504/34 IPC and sentenced
them, as stated above.
14. Being aggrieved by the aforesaid judgment of
conviction, the appellants have preferred the present
appeal.
15. Having heard learned counsel for the parties and
from perusal of record, it appears that :-
(i) the only material available against the
appellants are the evidence of the P.Ws.-1 & 2.
(ii) P.W.-1 has not stated regarding the
presence of P.W.-2, rather P.W.-1 was performing
his duty in the house of another person and that
person has not been examined.
(iii) the prosecution story, regarding the
indiscriminate assault, does not get corroboration
by the medical evidence. The injury may be caused
due to fall upon the hard and blunt surface.
16. Thus, the material available on the record is not
sufficient, justifying the conviction of the appellants under
Sections 341, 325/34 & 504/34 IPC.
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17. In view of above discussions, this Court finds that the
Judgment of conviction and order of sentence dated
13.12.2018, passed by the learned Additional Sessions
Judge – I, West Singhbhum at Chaibasa, in Sessions Trial
No.188 of 2016, arising out of Hatgamharia P.S. Case
No.04 of 2016 (G.R. No.52 of 2016), is not sustainable and
accordingly, the same is, hereby, quashed and set aside.
18. In the result, the appeal stands allowed and
accordingly disposed of.
19. The appellants are on bail, hence, they are discharged
from the liability of bail bond.
20. 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
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Dated, the 31 August, 2026
Ravi-Chandan /- NAFR
Uploaded on 01.09.2026
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