Cr.Rev./885/2017 of Dukhharan Bhagat And Ors Vs The State Of Jharkhand on 31 August 2026

JUDGMENT

Dated- 31st August, 2026

By Court: Heard learned senior counsel for the petitioners and learned A.P.P. appearing for the State.

2. The instant criminal revision is directed against the judgment dated 05.06.2017 passed by learned Additional Sessions Judge, Simdega in Criminal Appeal No. 32 of 2015, whereby and whereunder the appeal filed by the petitioners has been dismissed and the judgment of conviction and order of sentence dated 25.06.2015 passed by learned Judicial Magistrate, 1st Class, Simdega in G.R. No. 33 of 2014 / T.R. No. 112 of 2015, whereby the learned trial court has found the petitioners guilty for the offence punishable under Sections 379, 414/120(B) of the I.P.C. and Section 33 & 42 of the Indian Forest Act and sentenced to undergo R.I. for two years under Section 379/120 (B) of the I.P.C., R.I. for two years under Section 414/120 (B) of the I.P.C., R.I. for one year under Section 33 of the Indian Forest Act and R.I. for one year under Section 42 of the Indian Forest Act.

3. Factual matrix giving rise to this revision is that the informant Brij Kumar (O/c Kolebira P.S.) reported to the P.S. through his self-statement that on 24.1.2014, he was returning from Simdega after attending the meeting of Lok Sabha Election 2014. He received information that illegal wood is being carried away towards Bano in a Truck wheels) while at Chhagarbandha. On receiving the information, he along with the armed forces Atal Guria, Shivnath Oraon, Dandu Rai Munda and Ajay Oraon proceeded towards the place where such information has indicated. When they reached near Bano road, they saw a Truck covered with 'Tirpal' being driven at a heavy speed towards Bano. This Truck was chased and indication have been made to stop it. But their indication has not been given attention. However, the truck was stopped at Ambatoli Mor and 3-4 persons ridded over the Truck started running towards the forest. They have been chased and three persons have been apprehended and one person have successfully escaped. The apprehended persons revealed their names as Dukh Haran Bhagat, Alias Kerketta and Etwa Sahu. They revealed their name as labourer and stated about the absconding person as Jainul. They informed about the loaded goods as Sakhua wood, which is being cut from Banderchuan and being carried in the timber of Tulsi Patel at Longa. Due to absence of independent witnesses at such lonely place, search have been made in presence of witness Atal Guria and Shivnath Oraon to the Truck bearing registration No. C.G.-04ZC-4326. It was found that total 55 wooden logs were found on the Truck. The apprehended persons revealed that Suresh Singh have got the wood cut at Banderchuan. They also stated about death of the Truck owner and caretaker of the Truck owner as Matias Lakra. They revealed that Suresh is the contractor of the wood and they used to send the wood in the Timber of Tulsi Patel. Due to non-submission of the papers pertaining to the wood, truck have been seized and seizure list is prepared and the copy of the seizure list has been handed over to the accused persons.

4. On the basis of above information, FIR being Kolebira P.S. Case No. 05 of 2014 was registered against the accused persons for the offence under Sections 379/414 of the I.P.C. and Section 33 / 42 of the Indian Forst Act and after completion of investigation, charge sheet was submitted, cognizance was taken and charge was framed on 20.06.2014 against the accused persons for the offence punishable under Sections 379/120B and 414/120B of the I.P.C. and Section 33 / 42 of the Indian Forst Act which was read over and explained to them, to which, they pleaded not guilty and claimed to be tried.

5. In the course of trial, altogether 08 witnesses were examined by the prosecution. Apart from oral evidence, following documentary evidence were also adduced:-

Exhibit- 1 : Signature of Atal Guria on Seizure List.

Exhibit-1/1 : Signature of police Shivnath Oraon. Exhibit-1/2 : Seizure List. Exhibit-2 : Self Written Statement of Brij Kumar. Exhibit-3 : Formal F.I.R.

6. After conclusion of prosecution evidence, statements of accused persons under Section 313 were recorded, in which the accused persons have denied about the evidences put before them and claimed themselves to be the innocent persons.

7. After conclusion of trial, the learned trial court found and held the petitioners guilty for the offence under Sections 379, 414/120(B) of the I.P.C. and Section 33 & 42 of the Indian Forest Act and sentenced, as stated above.

8. The aforesaid judgment of conviction and order of sentence passed by learned Trial Court was challenged by the petitioners in Criminal Appeal No. 32/2015 before the learned Additional

Sessions Judge, Simdega, but the same has been dismissed, which has been assailed in this revision.

9. Learned counsel for the petitioners has submitted that petitioners are neither owner nor driver or cleaner of the vehicle involved in this case, which was seized, loaded with 55 Pieces of Wooden Logs on the truck bearing registration no. CG-04ZC-4326. Admittedly, the petitioners have been found labourers and have no concern with the alleged wooden logs, having no knowledge from where the wooden logs were collected and loaded. The petitioners were apprehended while standing near the offending truck at the instance of the concerned Officer-in-Charge, who was member of the raiding party. The main culprits involved in transporting the illegal forest wooden logs i.e., owner of the vehicle, driver and cleaner have not been made accused in this case and the poor labourers have been charge sheeted by the police. The petitioners have been held guilty with aid of Section 120B of the I.P.C., but no material has been brought on record to prove any conspiracy in between the petitioners and owner of the vehicle or the dealer of the woods. Therefore, both the trial court as well as appellate court has committed serious illegality while appreciating the evidence available against the petitioners. It is a case of no evidence at all against the petitioners constituting the offence under Sections 379 and 414 and Section 120B of the I.P.C.

and Section 33 and 42 of the Indian Forest Act. Therefore, the petitioners deserve acquittal from the charges levelled against them by setting aside the impugned judgments and order of conviction and sentence.

10. Learned Spl.P.P. appearing for the State has opposed the contention raised on behalf of the petitioners and submitted that there is concurrent finding about guilt of the petitioners for the offence under Sections 379 and 414 read with Section 120B of the I.P.C. and Section 33 and 42 of the Indian Forest Act. The involvement of the petitioners as labourer on loading or unloading the wooden logs illegally collected from forest region also shows their culpability. Therefore, there is no reason to interfere with the concurrent findings recorded by the learned trial court as well as learned appellate court. This revision has no merits and is fit to be dismissed.

11. I have given anxious consideration to the rival contentions of the parties and also perused the impugned judgments and order along with other materials available on record.

12. From perusal of the evidence available on record, it appears that it is admitted fact, as stated by P.W.-3 Ajay Oraon and P.W. -5 Brij Kumar that petitioners were apprehended while standing near the offending truck, loaded with illegal wooden logs for the purpose of black-marketing. The prosecution witnesses have categorically stated that the petitioners were labourers in the truck. The driver and khalasi managed to flee away seeing the police personnel. It further appears that the owner of the vehicle, who might be a prime accused has not been prosecuted. The driver of the vehicle, who was also involved in transporting the illegal woods, has also not been prosecuted. The mere labourers have been made escape goat of circumstances at the instance of police. There is no iota of evidence constituting the offence under Section 120B of the I.P.C. with the aid of which, the petitioners have been held guilty. It appears that the learned trial court as well as learned appellate court have committed serious illegality and passed perverse judgment and recorded the finding of guilt of the petitioners.

13. In view of aforesaid discussion and reasons, I find that both learned trial court as well as learned appellate court have committed serious error of law in appreciating the evidence available on record and in passing the impugned judgment. Therefore, I find legal substance in the points of argument raised on behalf of the petitioners and merits in this revision. Accordingly, the impugned judgment of conviction and order of sentence of the petitioners passed by the learned trial court and upheld by the appellate court is hereby set aside and this revision is allowed.

14. Pending I.As., if any, stand disposed of.

15. Petitioners are on bail. As such, they shall be discharged from the liability of bail bond and sureties shall also be discharged.

16. Let a copy of this judgment along with trial court record be sent to the court concerned for information and needful.

(Pradeep Kumar Srivastava, J.) Jharkhand High Court, Ranchi Dated : 31/08/2026 Sunil/-NAFR Uploaded On 02/09/2026