The State Of Jharkhand vs Sukhlal @ Prabir Murmu @ Pravir Da @ Pravil Da @ Harendra Da @ Sanat Da @ Marang Da @ Amrit

Headnote AI-drafted · Editorially reviewed

These matters arise out of a Death Reference and cross criminal appeals challenging the judgment and order of conviction dated 06.09.2018 and sentence dated 26.09.2018 passed by the Additional Sessions Judge-IVth, Dumka in four Sessions Trial cases, whereby the accused-respondents were convicted for a deadly Maoist ambush on 02.07.2013 near Kathikund in which the Superintendent of Police, Pakur, Amarjit Balihar, and several police constables were killed and others grievously injured. The trial court convicted the accused under multiple provisions including Sections 148, 302/149, 302/120B/109, 396/149, 307/149, 333/149, 353/149 and 427/149 of the IPC, Section 27(2) of the Arms Act and Section 17 of the Criminal Law Amendment Act, and sentenced them to death for the offences of murder and dacoity with murder.

The prosecution case was that on 02.07.2013 a police party returning with the Superintendent of Police from a DIG meeting was ambushed by 30-35 extremists near a culvert between Jamni and Amtalla. The extremists opened indiscriminate fire killing multiple police personnel including the SP and looted arms and ammunition including AK-47 rifles. A surviving constable, Bablu Murmu, disclosed that the attackers raised Maoist slogans and were identifiable by names including 'Pravil Da' and 'Tala Da', who were subsequently arrayed as accused.

The Jharkhand High Court heard the Death Reference filed by the State and the criminal appeals filed by the convicts, examining whether the death sentence and other convictions recorded by the trial court were sustainable in law and on facts, particularly considering the nature of the offence, the quality of evidence, and the principles governing confirmation of capital punishment.

Catchwords: Maoist ambush death sentence murder of police officials dacoity with murder criminal conspiracy unlawful assembly arms looting Death Reference confirmation of capital punishment extremist violence Section 302 IPC Section 396 IPC Arms Act Criminal Law Amendment Act