Jharkhand High Court Commutes Death Sentence to Life Imprisonment in Police Ambush Case

Dissenting Opinion Leads to Commutation of Death Sentence for Convicted Extremists in 2013 Police Ambush

In a significant legal development, the Jharkhand High Court has commuted the death sentences of Sanatan Baski, also known as Tala Da, and Sukhlal, also known as Prabir Murmu, to life imprisonment. The two were convicted for their roles in a 2013 ambush that resulted in the deaths of the Superintendent of Police, Pakur, and five other police personnel. The ambush, which occurred in a forested area between Jamni and Amtala villages, involved the looting of firearms and was attributed to extremist factions.

The Division Bench of the Jharkhand High Court, comprising Justice Gautam Kumar Choudhary, reached this decision following a split opinion from a previous judgment. Justice Rangon Mukhopadhyay had earlier opined that the charges against the appellants were not proven beyond a reasonable doubt, advocating for acquittal, whereas Justice Sanjay Prasad confirmed the death sentences.

The conviction was based on the testimonies of injured witnesses, particularly PWs-12, 30, and 31, who identified the accused in court. Despite the absence of a Test Identification Parade (TIP), dock identification was upheld as credible evidence. The prosecution's case was further supported by the recovery of a bulletproof jacket belonging to the slain Superintendent of Police, found based on a disclosure statement by Sanatan Baski.

The High Court, while recognizing the severity of the crime as a premeditated attack on state authority, noted the lack of unanimity in judicial opinion as a key factor in commuting the death sentence. The court emphasized the need for caution in confirming death sentences where judicial opinions differ, citing precedents that advocate for life imprisonment in cases of dissent.

The convicted individuals were found guilty under multiple sections of the Indian Penal Code, including murder, grievous injury, and assault on public servants, alongside charges under the Arms Act and the Criminal Law Amendment Act. The court's decision reflects a nuanced approach to capital punishment, balancing the gravity of the crime with procedural and evidentiary considerations.

Bottom Line:

Conviction and sentencing in cases of ambush and murder of police personnel - Injured witness testimony and dock identification considered credible despite absence of Test Identification Parade (TIP) - Death sentence commuted to life imprisonment due to dissenting judicial opinion.

Statutory provision(s): Indian Penal Code, 1860 Sections 302, 396, 307, 333, 353, 148, 427, 109, 120B; Arms Act, 1959 Section 27; Criminal Law Amendment Act, 1908 Section 17; Criminal Procedure Code, 1973 Section 392; Indian Evidence Act, 1872 Sections 6, 27

State of Jharkhand v. Sukhlal @ Prabir Murmu @ Pravir Da @ Pravil Da @ Harendra Da @ Sanat Da @ Marang Da @ Amrit, (Jharkhand) : Law Finder Doc Id # 2819708