Ranchi News: In a significant verdict in a 17-year-old alleged encounter and terror-related case, a Ranchi court has acquitted Naxalite leader Kundan Pahan alias Vikas Ji and Ram Mohan Singh Munda due to lack of credible evidence. The judgment was delivered by the court of Additional Sessions Judge Shailendra Kumar at the Civil Court, Ranchi.
The court cleared both accused of all charges framed under the Indian Penal Code (IPC), Arms Act, Criminal Law Amendment (CLA) Act, and the Unlawful Activities (Prevention) Act (UAPA). Both had been in judicial custody since 23 January 2017.
The case pertains to Bundu Police Station Case No. 18/2009, related to an alleged encounter that reportedly took place on the night of 5 February 2009. According to the FIR, police had received confidential information about the presence of armed members of a banned extremist organization in the area. A search operation was allegedly conducted, during which heavy firing was claimed and recovery of a large cache of arms and ammunition was shown.
However, the court observed that neither independent witnesses nor other police witnesses were examined, and the seized materials were not effectively produced or proved before the court. Since the incident was said to have occurred at night, the court noted that there was no reliable basis for identification of the accused. The defence was argued by advocate Ishwar Dayal Kishore.
Only One Witness Examined in Six Years
During the trial, the prosecution could examine only one witness—the then Officer-in-Charge of Bundu Police Station and the informant in the case, SI Ravikant Prasad. The court noted that despite the seriousness of the charges, no other charge-sheeted or independent witnesses were produced, even though summons, warrants, and repeated letters were issued to the Senior Superintendent of Police (SSP), Ranchi over several years.
Doubts Over Identification, Arrest, and Seizure
The court placed significant reliance on the fact that during cross-examination, the informant admitted that he neither saw the accused at the spot nor arrested them, and that he saw the accused for the first time in court.
Further, although the police claimed that 784 rounds were fired during the alleged encounter, not a single empty cartridge (shell) was seized. The court also noted that:
- Seized arms and ammunition were not sealed at the spot
- No blood or blood-stained soil was collected
- The seizure process lacked procedural compliance
Considering these serious lapses, the court acquitted both accused of charges under IPC Sections 147, 148, 353/149, 307/149, provisions of the Arms Act, CLA Act, and Section 13 of the UAPA.
The verdict once again raises critical questions about how weak investigation, lack of timely trial, and non-production of witnesses can undermine the judicial process in serious encounter and national security-related cases.
Repeated Court Orders to Secure Witnesses
To ensure the presence of witnesses, the court issued repeated summons and directions to the police/SSP on the following dates:
- 18.09.2020 – Summons issued to charge-sheeted witnesses
- 06.12.2021 – NBWs issued against witnesses; letter sent to SSP, Ranchi
- 19.09.2023 – Fresh summons to charge-sheeted witnesses
- 01.07.2024 – Letter to SSP, Ranchi to ensure production of witnesses
- 06.12.2024 – Witnesses summoned again
- 05.02.2025 – Fresh summons issued
- 21.03.2025 – Service report called for
- 04.04.2025 – Witnesses summoned once again
- 23.07.2025 – Another letter to SSP, Ranchi for witness production
Despite all these efforts, witnesses failed to appear, after which the prosecution evidence was closed, leading to the acquittal.
This judgment underscores the urgent need for robust investigation, accountability in prosecution, and effective witness management in cases involving grave allegations and public interest.
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