Jharkhand High Court Weekly Roundup: June 3 - June 9, 2024

Nominal Index [Citations: 2023 LiveLaw (Jha) 87-93]

Simant Saurav @ Simant Saunabh V. The State of Jharkhand 2024 LiveLaw (Jha) 87

Shrawan Kumar Das V. The State of Jharkhand 2024 LiveLaw (Jha) 88

Sanjay Kujur V. The State of Jharkhand 2024 LiveLaw (Jha) 89

Anita Devi V. The State of Jharkhand 2024 LiveLaw (Jha) 90

Jharkhand Urja Vikas Nigam Limited v. M/s Rites Ltd. and Ors. 2024 LiveLaw (Jha) 91

Amir Mallick and Anr. v. State of Jharkhand and Anr 2024 LiveLaw (Jha) 92

Doman Murmu @ Ramdhu Murmu Versus The State of Jharkhand 2024 LiveLaw (Jha) 93

Judgements/Orders This Week

Conviction Can Be Maintained On Basis Of Evidence Tendered By Police Personnel Who Are Also Victim Of Crime: Jharkhand High Court

Case Title: Simant Saurav @ Simant Saunabh V. The State of Jharkhand

LL Citation: 2024 LiveLaw (Jha) 87

The Jharkhand High Court has ruled that convictions can be maintained based on the evidence provided by police personnel, even if they are victims of the crime.

Justice Pradeep Kumar Srivastava presiding over the case observed, “...the plea of petitioners about non examination of any independent witness cannot be sustained and there is no requirement of law that conviction cannot be maintained on the basis of evidence of police personnels, who are also victim of the crime.”

'Constitutional And Fundamental Right Of An Employee To Receive Retiral Benefits, If There Are No Legal Impediments': Jharkhand High Court

Case Title: Shrawan Kumar Das V. The State of Jharkhand

LL Citation: 2024 LiveLaw (Jha) 88

The Jharkhand High Court has ruled that pensionary benefits are a constitutional and fundamental right of employees, not a discretionary bounty of authorities. The Court expressed bewilderment at the withholding of retiral benefits from an employee whose dismissal order had been quashed by the appellate authority without any appeal or revision from the Department.

Justice SN Pathak presiding over the case, remarked, “This Court fails to understand that under which authority of law, the entire admitted retiral benefits of an employee can be withheld when the order of dismissal has been quashed and set aside by the appellate authority, that too when no appeal / revision has been preferred by the Department. The respondents are taking flimsy stand, which is not acceptable to this Court. This is yet another glaring example of delay and laches on the part of the respondents for not extending the retiral benefits.”

Conviction Cannot Be Based Solely On Recovery Of Murder Weapon; Corroborative Evidence Needed To Establish Guilt: Jharkhand High Court

Case Title: Sanjay Kujur V. The State of Jharkhand

LL Citation: 2024 LiveLaw (Jha) 89

The Jharkhand High Court has acquitted a man convicted of murder, ruling that a conviction cannot be based solely on the recovery of the murder weapon. The Court emphasised the necessity of corroborative evidence to establish guilt beyond reasonable doubt.

The division bench comprising Justices Ananda Sen and Subhash Chand observed, “In our opinion a conviction cannot be based solely on the recovery of a murder weapon. There must be some corroborative evidence to establish the guilt of the accused beyond all reasonable doubt. Confessional statement leading to recovery of weapon, stand alone, cannot be a ground of conviction. There must be other credible corroborative evidence.”

Vehicles Seized By Police Not To Be Kept Under Open Sky At Police Stations Unless Essential For Investigation: Jharkhand High Court Reiterates

Case title: Anita Devi V. The State of Jharkhand

LL Citation: 2024 LiveLaw (Jha) 90

The Jharkhand High Court has reiterated that vehicles seized in connection with police cases need not be kept under open sky at police stations unless their presence is required for investigation purposes.

Justice Anil Kumar Choudhary, presiding over the case, emphasised this principle while addressing a petition concerning a seized motorcycle.

“Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that it is a settled principle of law that the vehicles seized in connection with police cases need not be kept in the police stations under open sky unless its existence is required during the investigation of the case or other,” Justice Choudhary observed.

Jharkhand High Court Dismisses JUVNL's Appeal, Upholds Sole Arbitrator Appointment In Dispute With M/s Rites

Case Title: Jharkhand Urja Vikas Nigam Limited v. M/s Rites Ltd. and Ors.

LL Citation: 2024 LiveLaw (Jha) 91

The Jharkhand High Court has dismissed the appeal filed by Jharkhand Urja Vikas Nigam Limited (JUVNL) challenging the writ court's order to appoint a sole arbitrator in its dispute with M/s Rites.

The Court emphasized that it is the High Court's duty to reject petitions or defenses based on purely technical grounds aimed at gaining an unfair advantage.

On Inconsistency Between Multiple Dying Declarations, Statement Recorded By Magistrate Or Higher Official Can Be Relied Upon: Jharkhand HC

Case Title: Amir Mallick and Anr. v. State of Jharkhand and Anr.

LL Citation: 2024 LiveLaw (Jha) 92

The Jharkhand High Court has reiterated the importance of dying declarations in criminal cases, emphasising that if there are inconsistencies between multiple dying declarations, the statement recorded before a Magistrate or higher official holds weightage.

The Division Bench of Justice Ananda Sen and Justice Subhash Chand made this observation while hearing an appeal challenging a verdict of guilt and sentencing by the Additional Sessions Judge-II, Jamshedpur, in a Session Trial.

[S.302 IPC] Non-Submission Of Murder Weapon For Forensic Examination Not Fatal To Prosecution Case When Direct Evidence Available: Jharkhand High Court

Case Title: Doman Murmu @ Ramdhu Murmu Versus The State of Jharkhand

LL Citation: 2024 LiveLaw (Jha) 93

The Jharkhand High Court has upheld a life imprisonment sentence handed to a man by the Additional Sessions Judge-III, Dumka, in a murder case under Section 302 of the Indian Penal Code while observing that in cases with direct evidence, the absence of the weapon used in the crime or its forensic examination does not undermine the prosecution's case.

The Division Bench of Justices Subhash Chand and Ananda Sen noted, “In case of a direct evidence, the production of the weapon used in the commission of the crime and not sending the same to FSL for examination will not be fatal to prosecution case and no adverse inference can be drawn.”

Other Developments

Jharkhand High Court Reports 138.41% Average Clearance Rate In First Quadrimester Of 2024, Reduces Case Pendency By 6.11%

The Jharkhand High Court has reported a significant increase in its case disposal rates during the first quadrimester of 2024. The data reveals that the court achieved an average clearance rate of 138.41%, which has resulted in a notable reduction in case pendency.

As of January 1, 2024, the total number of pending cases stood at 85,593, comprising 38,445 civil cases and 47,148 criminal cases. By April 30, 2024, this number had decreased to 80,365, with civil cases reducing to 35,435 and criminal cases to 44,930. This marks an overall reduction in pending cases by 6.11%.