Jharkhand High Court
Mausam Kumar Singh vs The State Of Jharkhand on 12 August, 2025
Author: Sanjay Prasad
Bench: Sanjay Prasad
2025:JHHC:23580
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (SJ) No. 149 of 2025
Mausam Kumar Singh, aged about 19 years, S/o Vijay Kumar
Singh, R/o Village-Mayapur, P.O-Gulabjhari, P.S. Nawdiha
(Bazar), District-Palamau (Jharkhand) ...... Appellant
Versus
1.The State of Jharkhand
2.Chandan Paswan, aged about 38 years, S/o Late Chandrashekhar
Paswan, resident of Semon Nagar, Kohratoli, Kokar, Near Don
Bosco School, I.T.I Galli, P.O- Kokar, P.S-Sadar, Distrct-Ranchi,
Jharkhand. ....... Respondents
with
Cr. Appeal (SJ) No. 198 of 2025
Sahil Ansari, aged about 21 years, Son of Raup Ansari, Resident of
Neori, MESRA, P.S-Sadar (Mesra OP), P.O-Neori, District-
Ranchi, Jharkhand ...... Appellant
Versus
1.The State of Jharkhand
2.Chandan Paswan, S/o Late Chandeshwar Paswan, Resident of
Simon Nagar, Khorha Toli, Near Don Bosco School, ITI Gali, P.S-
Sadar, P.O- Kokar, Distrct-Ranchi, Jharkhand.
....... Respondents
with
Cr. Appeal (SJ) No. 269 of 2025
Irfan Ansari, aged about 22 years, Son of Md. Kudus Ansari,
Resident of N.H.33, near Masjid Lane, MESRA, Neori Vikas
Vidyalaya, P.S-Sadar (O.P Mesra), P.O-Neori, District-Ranchi,
Jharkhand ...... Appellant
Versus
1.The State of Jharkhand
2.Chandan Paswan, S/o Late Chandeshwar Paswan, Resident of
Simon Nagar, Khorha Toli, Near Don Bosco School, ITI Gali, P.S-
Sadar, P.O- Kokar, Distrct-Ranchi, Jharkhand.
....... Respondents
with
Cr. Appeal (SJ) No. 364 of 2025
Abhishek Kumar, aged about 19 years, Son of Nirmal Kumar
Singh, Resident of near Cambrian School, Rani Bagan, Bariatu,
P.O + P.S-Bariatu, District-Ranchi ...... Appellant
Versus
1.The State of Jharkhand
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2.Chandan Paswan, S/o Late Chandereshwar Paswan, Resident of
Sion Nagar, Khorhatoli, Near Don Bosco School, I.T.I Gali, Hehal,
P.O-Hehal, P.S-Sadar, District-Ranchi
....... Respondents
---------
CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD
———-
For the Appellant : Mr. A.K. Kashyap, Sr. Advocate
(Cr. A.(SJ) No.149 of 2025)
: Mr. B.M. Tripathi, Sr. Advocate
(Cr. A.(SJ) No.198 of 2025 & Cr. A.(SJ) No.269 of 2025)
: Mr. Ranjan Kr. Singh. Advocate
: Mr. Santosh Kumar, Advocate
(Cr. A.(SJ) No.364 of 2025)
For the State : Mr. Rajiv Ranjan, Advocate General
: Mr. Rajesh Kumar, APP
For the B.I.T. MESRA: Mr. Srijit Choudhary, Advocate
———–
th
CAV on:16 July 2025 Delivered on: 12.08.2025
All the Criminal Appeals i.e. Cr. Appeal (SJ) No.149 of
2025, Cr. Appeal (SJ) No.198 of 2025, Cr. Appeal (SJ) No.269
of 2025 and Cr. Appeal (SJ) No.364 of 2025 have been heard
together and are being disposed of together as they arise by the
common F.I.R. dated 17.11.2024 instituted under section
103/3(5) of BNS, 2023 and section 3(1)(r)s) of the Scheduled
Caste and Scheduled Tribe (Prevention of Atrocities) Act by the
informant namely Chandan Paswan on account of assault of his
son Raja Paswan in the campus of B.I.T MESRA, Ranchi and
later on the deceased succumbed to his injuries.
2. Cr. Appeal (S.J) No.149 of 2025 has been filed on behalf
the appellant- Mausam Kumar Singh who is a student of 3rd
Semester of B.I.T. MESRA Polytechnic College, Ranchi.
Cr. Appeal (S.J) No.364 of 2025 has been filed on behalf
of the appellant-Abhishek Kumar who is also a student of 3rd
Semester of Diploma in E.C Branch at B.I.T MESRA, Ranchi.
Cr. Appeal (S.J) No.198 of 2025 has been filed on behalf
of the appellant-Sahil Ansari who is said to be the pass-out
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student of B.I.T MESRA and presently pursuing his Mechanical
Engineering course in Cambridge Institute of Technology
whereas Cr. Appeal (S.J) No.269 of 2025 has been filed on
behalf of the appellant-Irfan Ansari.
3. The prosecution case, in brief, is that on 17.11.2024 the
informant Chandan Paswan had submitted written application
before the Officer In-charge of B.I.T MESRA, O.P, Ranchi for
instituting a case of murder against some unknown students and
College Administration of BIT MESRA by stating therein that
on 14.11.2024 at around 8.00 p.m. in the night his son Raja
Paswan, who was the student of 3rd Semester of B.I.T MESRA,
Polytechnic College had asked him on telephone to arrive
immediately there because some students are abusing him in the
name of Dalit and Harijan. He also stated that after some time
even he had been informed by the Vice-Principal Warden
Prabhat Ranjan Mahto of B.I.T MESRA that his son (i.e. Raja
Paswan) is doing vomiting and is becoming unconscious and
then the informant along with his wife Gayatri Devi arrived at
B.I.T Hostel by the Auto Rickshaw and saw that his son (i.e.
Raja Paswan) is becoming unconscious and is vomiting.
Thereafter they brought him to their house in the night and on
the next day they took him to RIMS Hospital and where in
course of treatment his son died. He also stated that there are
signs of assault by Lathi, Danda and Belt in the whole body of
his son.
He also alleged that his deceased son always used to
inform him that the students of B.I.T MESRA used to abuse him
in the name of Dalit/Harijan and assault him by making him
naked and hence strict actions may be taken against the
concerned accused persons.
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4. Heard Sri A.K. Kashyap, learned Senior Counsel
appearing in Cr. Appeal (S.J) No.149 of 2025, Sri B.M. Tripathi,
learned Senior Counsel in Cr. Appeal (S.J) No.198 of 2025 and
Cr. Appeal (S.J) No.269 of 2025 and Sri Ranjan Kumar Singh,
learned counsel in Cr. Appeal (S.J) No.364 of 2025, Mr. Rajesh
Kumar, learned APP for the State and Mr. Srijit Choudhary,
learned counsel appearing for the B.I.T MESRA.
Argument in Cr. Appeal (S.J) No.149 of 2025
5. It has been submitted by the learned Senior Counsel that
the order dated 13.01.2025 passed in Misc. Cr. Application
No.3092 of 2024 by the learned A.J.C-II-cum-Special Judge,
S.C/S.T. Act, Ranchi is illegal, arbitrary and not sustainable in
law. It is submitted that the appellant is innocent and has
committed no offence. It is submitted that the appellant is not
named in the F.I.R and the informant has not stated anything
against the appellant rather the FIR has been lodged against the
unknown persons and B.I.T MESRA, College Administration. It
is submitted that the appellant has got no criminal antecedent
and was never involved in such type of crime. It is submitted
that the appellant is a student of Diploma pursuing from B.I.T
MESRA at Ranchi. However, on the basis of suspicion, the I.O
of the case has added the name of the appellant and took his
confessional statement. But, even after taking confessional
statement of the appellant, no any incriminating article has been
recovered from his conscious possession. It is submitted that on
the basis of disclosure of the co-accused persons namely Sahil
Ansari and Irfan Ansari, the belt used in assaulting the deceased
have been recovered. It is submitted that there is no allegation
against the appellant that he had abused the deceased by taking
his caste name at any point of time, nor there is any allegation
that the appellant had assaulted the deceased. It is submitted that
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the informant has fabricated a false narrative, alleging abuse and
assault by the appellant against the deceased. It is submitted that
the deceased was a chronic alcoholic which contributed to his
deteriorating health and he ultimately succumbed to his illness
during the course of treatment. It is submitted that the
occurrence took place on 14.11.2024 due to sudden provocation
and no case under section 103 of B.N.S (corresponding to
section 302 of IPC) is made out, rather for the sake of argument
at best it can be a case under section 304 of IPC (corresponding
to section 105 of B.N.S). It is submitted that the learned Court
below has failed to consider that there is inordinate delay of 3
days in lodging the F.I.R without any proper explanation. It is
submitted that the appellant is in custody since 23.11.2024 on
the basis of false allegation and hence the appellant may be
enlarged on bail.
6. Learned Senior Counsel for the appellant, has further
submitted that the ASI or SI is not empowered to investigate the
case instituted under section 3(1)(r)s) of the Scheduled Caste
and Scheduled Tribe (Prevention of Atrocities) Act, 2016. It is
submitted that under the provision of section 3(1)(r)s) of
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)
Act, only Deputy Superintendent of Police is empowered to
investigate the case instituted under the provisions of SC/ST
Act. However, in the present case, the case has been investigated
by one Basant Kumar, who is Sub-Inspector of Police and hence
the entire investigation by said Basant Kumar, Sub-Inspector of
Police is illegal, in view of the provisions of section 3(1)(r)s) of
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)
Act and Rule 7 of the SC/ST Rules.
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Argument in Cr. Appeal (S.J) No.364 of 2025
7. It has been submitted by the learned counsel that the order
dated 21.01.2025 passed in Misc. Cr. Application No.41 of 2025
by the learned Court below is illegal, arbitrary and not
sustainable in law. It is submitted that the appellant is innocent
and has committed no offence. It is submitted that the appellant
is not named in the F.I.R nor any specific allegation of assault or
torture has been attributed against him. However, during
investigation the appellant was arrested and by using third
degree took his signature over a plain paper and same was used
later on as his confessional statement, save and except there is
nothing against the appellant. It is submitted that the appellant is
a student of 3rd Semester of Diploma pursuing in E.C Branch at
B.I.T MESRA having no concern with the alleged offence. It is
submitted that on the basis of disclosure of apprehended accused
Sahil Ansari, the Belt used for assaulting the deceased had been
recovered/seized from his house and on disclosure of Irfan
Ansari, belt used for assaulting has been recovered from B.I.T
MESRA field but there is no any evidence or material to suggest
the involvement of the appellant in the instant case. It is
submitted that the cause of death was due to combined effect of
head injury and asphyxia as a result of pressure over neck and
chest. It is submitted that no cogent material has been collected
by the Investigating Officer to suggest the involvement of the
appellant in the said crime. It is submitted that the appellant is a
bona fide student of B.I.T MESRA and there is no any criminal
antecedent and if he has not been granted bail, his entire career
will be vanished. It is submitted that the appellant is languishing
in jail since 23.11.2024 and hence he may be enlarged on bail.
Argument in Cr. Appeal (S.J) No.198 of 2025
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8. It has been submitted by the learned Senior Counsel that
the order dated 24.01.2025 passed in Misc. Cr. Application
No.144 of 2025 by the learned Court below is illegal, arbitrary
and not sustainable in law. It is submitted that the appellant is
innocent and has committed no offence. It is submitted that after
the F.I.R was lodged, the police took up the investigation and
started examining the witnesses and in course of investigation
the name of the appellant has been surfaced on the basis of
confession of co-accused. It is submitted that the learned Court
below did not appreciate that the case was only supported by
highly interested witnesses and none of the independent
witnesses have supported the case. It is submitted that the
deceased boy was always abused by the name of his caste by his
class-mates and telephonically the deceased also informed his
father that some of the boys assaulted him by using caste name.
It is submitted that as the deceased was residing in the College
hostel then how he came out from the College and involved in
altercation with the boys of nearby locality. It is submitted that
the name of the appellant came only on the basis of confession
of the co-accused who were the classmates of the deceased and
this appellant had not entered into the College. It is submitted
that the appellant was former student of BIT MESRA
Polytechnic College and he was known to some of the present
students and Staffs of the College. Since he was residing in the
close locality of the College, hence his name was given as the
alleged assault upon the deceased. It is submitted that the police
had falsely implicated this appellant and has shown recovery of
a belt on the basis of confession of this appellant and the same
was recovered from the house of this appellant. The belt is a
common article and to be used by each and every person, hence
there is no any evidence to show that the said belt recovered
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from the house of appellant was used for committing this
occurrence. It is submitted that the learned Court below failed to
consider that the deceased himself scaled over the boundary wall
of the College and involved in altercation with the boys of
locality and due to their mob assault, he received fatal injuries. It
is submitted that the father of the deceased taken him in the
night hours in severe health condition and in spite of admitting
him in any hospital he kept the boy in the home for the whole
night and on the following day he was taken to RIMS but
succumbed to the injuries. It is submitted that the appellant is in
custody since 23.11.2024 and hence he may be enlarged on bail.
Argument in Cr. Appeal (S.J) No.269 of 2025
9. It has been submitted by the learned Senior Counsel that
the order dated 27.02.2025 passed in Misc. Cr. Application
No.360 of 2025 by the learned Court below is illegal and not
sustainable in law. It is submitted that the appellant is innocent
and has committed no offence. It is submitted that the name of
this appellant has been surfaced on the basis of confession of co-
accused. It is submitted that the case has been only supported by
highly interested witnesses and none of the independent
witnesses have supported the case. It is submitted that the
deceased boy was always abused in the name of his caste by his
class-mates and telephonically the deceased also informed his
father that some of the boys assaulted him by using caste name.
It is submitted that the name of the appellant transpires only on
the basis of confession of the co-accused who were the
classmates of the deceased and it has nowhere stated that this
appellant had entered into the College. It is submitted that no
case in terms of the provisions of SC/ST Act is made out against
the appellant because nowhere it is stated that at any point of
time this appellant abused the deceased by his caste name. It is
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submitted that the appellant had no concern with the campus of
BIT, he is resident of NH 33 which is far away from the BIT
MESRA campus. The appellant was not even present at the time
of alleged incident in that area and hence there is no specific
allegation of any overt act against this appellant. It is submitted
that none of the witnesses have identified this appellant and he
was never put on TIP and none of the witnesses at any point of
time had seen this appellant near the place of occurrence at the
time of alleged incident. It is submitted that no incriminating
articles have been recovered from the possession of this
appellant and the police anyhow implicated him in this case by
obtaining his signature on a blank sheet of paper which was
converted into the confessional statement of this appellant. It is
submitted that the appellant has no any criminal antecedent. It is
submitted that the police has falsely shown recovery of one
another belt allegedly used for assaulting the deceased and the
same was seized from the open field of BIT MESRA on the
basis of confession of this appellant and there is no specific
mark on the belt that it belonged to this appellant and also the
same was used for assaulting the deceased boy. It is submitted
that the deceased himself scaled over the boundary wall of the
College and involved in altercation with the boys of locality and
due to their mob assault, he received serious injuries. It is
submitted that the appellant is in custody since 23.11.2024 and
hence he may be enlarged on bail.
10. Mr. Rajiv Ranjan, learned Advocate General had appeared
on 13.06.2025 and submitted that vide notification dated
05.12.2023 issued by Home, Prison and Disaster Management
Department, Government of Jharkhand, the State Government
has conferred power to investigate the cases of Scheduled
Caste/Scheduled Tribe (Prevention of Atrocities) Act upon the
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Dy. Superintendent of Police as well as Police Inspector and all
the Officers of the rank of Sub-Inspector of Police in light of the
direction of the Hon‟ble Supreme Court of India passed in the
case of State of Bihar and Others etc. Versus Anil Kumar and
Others etc. [Civil Appeal No.4397-4400 of 2017 Arising from
S.L.P (C) No.27524-27 of 2011] with Civil Appeal No.4401 of
2017 [Arising from SLP (C) No.7317 of 2017] and learned
Advocate General has pointed out that in view of the above
notification dated 05.12.2023, the Sub-Inspector of Police is
also empowered to investigate the cases of Scheduled
Caste/Scheduled Tribe (Prevention of Atrocities) Act.
Learned Advocate General has also produced the photo
copy of the above notification dated 05.12.2023 before this
Court on 13.06.2025 during course of the argument, which has
been kept on record.
11. On the other hand, Mr. Rajesh Kumar, learned APP for the
State in all the above Criminal Appeals has submitted that the
impugned orders passed by the learned A.J.C-II-cum-Special
Judge, S.C/S.T. Act, Ranchi are proper and no interference is
required. It is submitted that bail of all the four appellants named
above has rightly been rejected by the learned Court below. It is
submitted that the appellant-Mausam Kumar Singh [in Cr.
Appeal (SJ) No.149 of 2025] and Abhishek Kumar [in Cr.
Appeal (SJ) No.364 of 2025] are the students of B.I.T MESRA
Polytechnic College in the 3rd Semester and they were residing
in hostel and on the occasion of meeting of Fresher‟s Party, both
the appellants along with other student had brutally assaulted the
deceased (i.e. Raja Paswan) who was also student of 3rd
Semester of B.I.T MESRA by belt, fists, slaps and legs, due to
which he had suffered severe injuries and even his shirt was
torn.
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12. It is submitted that the informant during his subsequent
statement recorded at para-2 has fully supported his case for
assaulting his son by all the appellants by fists, slaps and belt
severely and due to which the deceased succumbed to his
injuries. It is submitted that all the appellants namely Mausam
Kumar Singh [in Cr. Appeal (SJ) No.149 of 2025], Abhishek
Kumar [in Cr. Appeal (SJ) No.364 of 2025], Sahil Ansari [in Cr.
Appeal (SJ) No.198 of 2025] and Irfan Ansari [in Cr. Appeal
(SJ) No.269 of 2025] have confessed their guilt on 22.11.2024
for brutally assaulting the deceased (i.e. son of the informant)
due to which deceased- Raja Paswan died. It is submitted that
the witnesses namely Somnath Deogharia, Gouri Shankar Giri,
Prabaht Ranjan Mahto (Assistant Warden of Hostel No.2),
Rajendra Mahto (Assistant Warden of Hostel No.1), Anuj
Kumar (student), Sumit Mahto (student) and Deep Raj Shekhar
(student), whose statements have been recorded in para-7, 8, 18,
19, 21, 22 and 23 have fully supported the case against the
appellant-Sahil Ansari [in Cr. Appeal (SJ) No.198 of 2025] and
the appellant-Irfan Ansari [in Cr. Appeal (SJ) No.269 of 2025]
for assaulting them along with other accused persons and they
had identified the appellant-Sahil Ansari [in Cr. Appeal (SJ)
No.198 of 2025] as pass-out student of B.I.T MESRA.
13. It is further submitted that the other witnesses namely,
Sandip Verma, Rajiv Kumar, Ayush Priyam, Yuvraj Kumar,
Jitesh Karmali, whose statements have been recorded in para 34,
35, 36, 37 and 38 of the case diary, have fully supported the
prosecution case against the appellants namely Mausam Kumar
Singh [in Cr. Appeal (SJ) No.149 of 2025], Abhishek Kumar [in
Cr. Appeal (SJ) No.364 of 2025] for assaulting the Raja Paswan
(i.e. the deceased son of the informant in the Hostel) situated in
the campus of B.I.T MESRA Polytechnic College, Ranchi. It is
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submitted that the appellant- Mausam Kumar Singh [in Cr.
Appeal (SJ) No.149 of 2025] had brutally assaulted the deceased
Raja Paswan for the reason that one another College student
Rajiv Kumar (para-35 of the case diary) had got photograph
with another girl student-„x‟ (name not disclosed due to her
being student) and thereafter the appellant-Mausam Kumar
Singh had an altercation with said student Rajiv Kumar. But
when the deceased Raja Paswan asked the appellant-Mausam
Kumar Singh [in Cr. Appeal (SJ) No.149 of 2025] as to why he
had assaulted Rajiv Kumar then the appellants-Mausam and
Abhishek and others had assaulted him brutally. It is submitted
that even the witness i.e. girl student „x‟ and one Raja Soni,
whose statements have been recorded in para-50 and 52 of the
case diary, have supported the prosecution case of the1st assault
in the campus of BIT MESRA. It is submitted that paragraph 73,
76, 82 and 87 contain the confessional statements of appellants
Mausam Kumar, Abhishek Kumar, Sahil Ansari and Irfan
Ansari for admitting their guilt and hence their prayer for bail
may be rejected.
14. Mr. Srijit Choudhary, learned counsel appearing on behalf
of the B.I.T MESRA submitted that the Administration of B.I.T
MESRA has taken note of the incident on 14.11.2024 and had
informed the informant (i.e. the father of the deceased)
regarding the ill health of the deceased Raja Paswan. It is
submitted that the B.I.T MESRA Administration (i.e. Vice-
Principal Warden Prabhat Kumar) had tried to take the deceased
son of the informant to the RIMS by ambulance but the parents
of the deceased Raja Paswan insisted to handover their son to
them and the parents of the deceased son had taken the deceased
Raja Paswan to their house and thereafter on the next day the
deceased Raja Paswan was taken to hospital where he died in
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course of treatment. It is submitted that the B.I.T MESRA
authorities have also conducted an enquiry and they have taken
certain actions also against the appellants, Mausam Kumar
Singh [in Cr. Appeal (SJ) No.149 of 2025] and Abhishek Kumar
[in Cr. Appeal (SJ) No.364 of 2025]. It is submitted that the
campus of BIT MESRA is open from some area and they have
not raised the boundary wall for the last 60 years. However, they
have taken full precaution in the hostel and they have always
tried to maintain proper security in and around the campus of
B.I.T MESRA including the campus of B.I.T MESRA,
Polytechnic College. It is submitted that the witnesses namely
Somnath Deogharia, Gouri Shankar Giri, Prabaht Ranjan Mahto
(Assistant Warden of Hostel No.2), Rajendra Mahto (Assistant
Warden of Hostel No.1) statements in para-7, 8, 18 and 19 had
also informed the incident to the parents.
15. Perused the records of this case and considered the
submission of the learned counsel for the parties.
16. It appears that informant-Chandan Paswan (father of the
deceased son Raja Paswan) had lodged F.I.R on 17.11.2024
alleging therein that on 14.11.2024 at around 8.00 p.m. in the
night his deceased son Raja Paswan, student of B.I.T MESRA
Polytechnic College 3rd Semester, informed him to arrive
immediately at the College as some students are abusing him in
the name of Dalit/Harijan and after some time Prabhat Kumar,
Vice Principal, Warden of BIT MESRA also informed him that
his son Raja Paswan is vomiting and has become unconscious
and thereafter the informant along with his wife Gayatri Devi
arrived by Auto Rickshaw to BIT Hostel and found his son to be
unconscious and for vomiting. Then he brought his son to his
house and next day he get admitted him to RIMS Hospital,
Ranchi where his son died during course of treatment. He had
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seen the signs of assault by Lathi, Danda and Belt on the whole
body of his son and his son used to inform him that some
student of the College used to abuse him in the name of
Dalit/Harijan and assault him by making him naked. The
informant requested the Officer In-charge of Police Station to
take action against the accused persons and administration of
BIT MESRA.
17. It appears that though all the four appellants are not named
in the FIR, however, during Police investigation their name
came to surface and they were remanded before the learned
Court below on 23.11.2024 by the Sub-Inspector, MESRA O.P,
Ranchi.
18. It appears that name of these appellants transpired in this
case on the basis of statement of Rajendra Mahto (Assistant
Warden of Hostel No.1), Anuj Mahto, Sumit Mahto (another
student of 3rd Semester) and Deep Raj Shekhar, whose
statements have been made in para-19, 21, 22 and 23.
19. Even, from perusal of statement of witness Gouri Shankar
Giri, Supervisor Security of BIT MESRA Polytechnic College
(para-8 of the case diary), it appears that he also supported the
FIR and stated that Fresher‟s Party was organized on 14.11.2024
to welcome new students and College students were enjoying
the party, then in the meantime, one girl student „x‟ (name not
disclosed), Student of C.S. Branch of 3rd Semester was taking
her photographs with one another student Rajiv then suddenly
the appellant-Mausam Kumar Singh student of 5th Semester saw
them taking photograph and he started assaulting Rajiv and
forbade him from taking photo with the said girl student „x‟ as
she is his Lover and he started assaulting Rajiv then there was
scuffle between Rajiv and Mausam and he along with security
personnels arrived there and pacified the matter. Thereafter, in
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the meantime, the deceased Raja Paswan came also there and
enquired as to who had assaulted Rajiv then the appellant
Mausam Kumar also taunted upon the deceased Raja Paswan
and there was quarrel between deceased Raja Paswan and
appellant- Mausam and then Nipun Tirkey, Rajkumar Seth,
Yogesh Kumar, appellant-Abhishek Kumar and their batch
mates surrounded deceased Raja Paswan and assaulted him by
leg, shoe and belt, but he got the matter pacified and in course of
assault, the shirt of Raja Paswan was fully torned, then one Raja
Soni, who was room mate of Raja Paswan, handed over his
jacket to deceased Raja Paswan and all of them were going to
hostel but, in the meantime, a phone was received in the mobile
of deceased Raja Paswan, then Raja Paswan went outside the
College by scaling the boundary wall of College Campus and
who was followed by Cook and Security Personnels of the
College. Thereafter he heard the alarm from outside then he
along with other security personnels went outside and found that
the deceased Raja Paswan and other students of the College
namely, Deep Raj Shekhar, Sumit Kumar, Anuj Kumar were
being assaulted by legs, shoes and belt by the local students by
forming the unruly mob and despite the arrival of College
security personnels they continuously used to assault deceased
Raja Paswan and other students. Thereafter a meeting was called
for by the College Administration and while the matter was
being enquired from the students of 3rd Semester then suddenly
Raja Paswan became unconscious then he informed this fact to
the Director of the College by phone. Thereafter, Raja Paswan
was sent to BIT Dispensary Main Campus, but seeing the
seriousness of his condition, the deceased Raja Paswan was
referred to RIMS, Ranchi and thereafter the information was
given to the family members of deceased Raja Paswan and who
15
2025:JHHC:23580
arrived at the College campus. But, thereafter the College
management informed the family members of deceased Raja
Paswan that Raja Paswan has taken wine in large quantity, due
to which he has become unwell and then the family members of
deceased took him to his house situated at Kokar and kept him
there for the whole night and on the next morning the deceased
was taken to RIMS, Ranchi on 15.11.2024 where he died during
course of treatment.
20. From perusal of statement of witness namely, Somnath
Deogharia, Mess Supervisor at BIT MESRA Polytechnic
College (para-7 of the case diary) recorded under section 180 of
the BNSS by police, it would appear that he stated that in the
evening of 14.11.2024 a Fresher‟s Party was organized in the
College for welcoming the new students and while he was doing
work in the Mess which is adjacent to boundary then he heard
the noise outside the boundary and upon which, he along with
Prabhat Ranjan Mahto (Assistant Warden of Hostel No.2, BIT
MESRA) and security personnels went outside by scaling the
boundary then he found that the deceased Raja Paswan and
other students namely Deep Raj Shekhar, Sumit Kumar Mahto
and Anuj Kumar were being assaulted by mob of local students
by legs, shoes and belt and in spite of their arrival they
continuously assaulted Raja Paswan and other students.
However, when other security personnels arrived there and the
injured students were brought inside the campus then the said
mob fled away. Thereafter the College Management called all
the students in the meeting hall and was enquiring about the
assault then suddenly deceased Raja Paswan became
unconscious and upon which he informed the said matter to the
Director of the College and then deceased Raja Paswan was sent
to BIT Dispensary Main Campus for first aid treatment and from
16
2025:JHHC:23580
when the Doctor seeing the seriousness of his condition, referred
him to RIMS, Ranchi for better treatment. Thereafter the
College Management informed the family members of the Raja
Paswan to arrive at the College and upon their arrival they met
him in the College campus and thereafter the College
Management informed the family members of deceased Raja
Paswan that Raja Paswan had taken wine in large quantities and
he has become unwell and family members of Raja Paswan took
him to house at Kokar and kept him there for the whole night.
On the next day the family members of deceased Raja Paswan
took him to RIMS Hospital, Ranchi and where the Raja Paswan
died during course of treatment, then the family members of the
deceased informed this fact to the BIT MESRA O.P and after
doing all the formality the family members of the deceased Raja
Paswan lodged FIR on 17.11.2024.
21. From going through the statement of said Prabhat Ranjan
Mahto, Assistant Warden of Hostel No.2, BIT MESRA (para-18
of the case diary), it would appear that he appellant-Mausam
Kumar and his friends namely Nipun Tirkey (co-accused
Juvenile), Rajkumar Seth, Yogesh Kumar, appellant Abhishek
Kumar had brutally assaulted him by legs, shoes and belt.
Thereafter while the matter was being pacified then deceased
Raja Paswan received a call in his mobile made by one Deep
Raj Shekhar (para-23 of the case diary) and Raja Paswan, Deep
Raj Shekhar, another Abhishek Kumr and Sumit Kumar Mahto
were brutally assaulted by the appellant-Sahil Ansari [in Cr.
Appeal (SJ) No.198 of 2025] and the appellant-Irfan Ansari [in
Cr. Appeal (SJ) No.269 of 2025] and mob of 10-15 persons by
belt, shoes and legs and they were so emboldened that despite
presence of College Security Personnels, they did not stop rather
they continued to assault them brutally. Thereafter the College
17
2025:JHHC:23580
Administration had brought the deceased Raja Paswan and other
students in the campus and on seeing the condition of deceased
Raja Paswan, the College Administration informed the family
members of deceased Raja Paswan that the deceased had taken
wine in bulk quantities and has become unwell.
22. Thus, from perusal of statement of Somnath Deogharia
and Prabhat Ranjan Mahto recorded under section 180 of the
BNSS before the Police, it would appear that the College
Administration had misled the parents of the deceased Raja
Paswan and they had concealed the assault sustained by the
deceased Raja Paswan at the hands of the appellant-Mausam
Kumar Singh [in Cr. Appeal (SJ) No.149 of 2025] and Abhishek
Kumar [in Cr. Appeal (SJ) No.364 of 2025] and subsequently
they also concealed the brutal assault sustained by appellant-
Sahil Ansari [in Cr. Appeal (SJ) No.198 of 2025] and the
appellant-Irfan Ansari [in Cr. Appeal (SJ) No.269 of 2025] and
his 12 other boys i.e. namely (i) Ekramul Ansari, (ii) Sehran
Hussain (iii) Sahil Ansari (iv) Jabir Ansari (v) Sahbaj Anari (vi)
Rijwan Ansari (vii) Raja Ansari (viii) Sami Ansari (ix) Sahir
Ansari (x) Danish Anari (xi) Abdul Rakib (xii) Sohail Anari.
Even the College Administration has not disclosed the name of
any doctor for treating him at medical dispensary of BIT
MESRA, Main Campus.
23. Witness Rajendra Mahto (para- 19 of the case diary) is
posted on the post of Warden of Hostel No.1, BIT MESRA, has
stated that a Fresher‟s Party was organized for new students in
the College on 14.11.2024 and students of the College were
enjoying the party then student „x‟ (name not being disclosed)
student of 3rd Semester of Computer Science Branch was getting
her photograph with one Rajiv then suddenly Mausam Kumar,
student of 5th Semester arrived there and started abusing Rajiv
18
2025:JHHC:23580
by claiming that student „x‟ as is his lover and why he is
snapping photograph with her. The appellant Mausam caught
hold of collar of Rajiv and started quarreling but the security
personnels arrived there and set the matter at rest. In the
meantime, the deceased Raja Paswan came there and enquired
as to who assaulted Rajiv then appellant Mausam claimed to
assault him and he also started assaulting him and then Nipun
Tirkey, Rajkumar Seth, Yogesh Kumar, Abhishek Kumar who
were friends of appellant Mausam Kumar started assaulting the
deceased Raja Paswan by legs, shoes and belt by surrounding
him then the witness got the matter pacified. In course of
assault, the shirt of Raja Paswan was fully torned then one Raja
Soni who was room mate of Raja Paswan gave him a jacket and
then all started going towards hostel. But in the meantime, a
phone suddenly came in the mobile of Raja Paswan then Raja
Paswan scaled the boundary of College campus by running and
who was followed by cook and security personnels of the
College. After some time, they heard the sound of shouting then
the security personnels went outside and found that the deceased
Raja Paswan and some students of the College namely, Deep
Raj Shekhar, Sumit Kumar Mahto and Anuj Kumar were being
brutally assaulted by some local boys by forming mob and they
were assaulting Raja Paswan, Deep Raj Shekhar, Sumit Kumar
Mahto and Anuj Kumar by legs, shoes and belt and despite
being forbade to do so, those boys continuously assaulted Raja
Paswan and other students. He identified the appellant-Sahil
Ansari [Cr. Appeal (SJ) No.198 of 2025] who was pass out
student of the College and he forbade him from assaulting them
and then appellant Sahil agreed but his other friends did not
agree and they continuously assaulted them and thereafter
further security personnels of the College arrived there and the
19
2025:JHHC:23580
students were brought inside the campus of the boundary wall
and then the said accused persons fled away. Thereafter the
College Management called for a meeting of all the students and
enquired about the quarrel and while they were making enquiry
from the students of 3rd Semester then in the meantime,
deceased Raja Paswan became unconscious and then he
informed about this to the Director of the College and thereafter
the deceased Raja Paswan was sent to primary treatment before
the BIT MESRA Dispensary main campus and where the
Doctor, seeing the seriousness, referred into RIMS for better
treatment. Thereafter College Management informed the family
members of the deceased Raja Paswan to arrive immediately at
the College who live in mohalla Kokar and who arrived at the
College campus and thereafter the College Management
informed the family members of the deceased Raja Paswan that
deceased Raja Paswan had taken wine in large quantities due to
which he is unwell and whereupon the family members of Raja
Paswan took him to the house and took him in the whole night
at his residence at Kokar and in the next morning on 15.11.2024
the mother of Raja Paswan found his condition unwell then the
family members of the deceased took him to RIMS Hospital,
Ranchi where he died in course of treatment and then family
members of deceased Raja Paswan informed about this to BIT
MESRA O.P and after doing entire formality the case was
instituted on 17.11.2024.
24. From perusal of statement of Rajendra Mahto (para-19 of
the case diary), Warden of Hostel No.1, it would appear that he
had stated the same and similar facts under section 180 of
BNSS, as stated by Prabhat Ranjan Mahto by taking the name of
the appellants namely Mausam Kumar Singh [in Cr. Appeal (SJ)
No.149 of 2025], Abhishek Kumar [in Cr. Appeal (SJ) No.364
20
2025:JHHC:23580
of 2025] and appellant-Sahil Ansari [in Cr. Appeal (SJ) No.198
of 2025].
25. Thus, from the statement of even Rajendra Mahto, it
would appear that the College Administration has concealed the
fact of assault sustained by the deceased Raja Paswan at the
hands of the appellant-Mausam Kumar Singh [in Cr. Appeal
(SJ) No.149 of 2025] and Abhishek Kumar [in Cr. Appeal (SJ)
No.364 of 2025] and subsequently they also concealed the
brutally assault sustained by appellant-Sahil Ansari [in Cr.
Appeal (SJ) No.198 of 2025] and the appellant-Irfan Ansari [in
Cr. Appeal (SJ) No.269 of 2025] and his 12 other boys i.e.
namely (i) Ekramul Ansari, (ii) Sehran Hussain (iii) Sahil Ansari
(iv) Jabir Ansari (v) Sahbaj Anari (vi) Rijwan Ansari (vii) Raja
Ansari (viii) Sami Ansari (ix) Sahir Ansari (x) Danish Anari (xi)
Abdul Rakib (xii) Sohail Anari. The College Administration has
not disclosed the name of any doctor for treating him at medical
dispensary of BIT MESRA, Main Campus.
26. From perusal of statement of witnesses i.e. College
students of BIT MESRA namely, Anuj Kumar Mahto, Sumit
Mahto and Deep Raj Shekhar, whose statements have been
recorded in para-21, 22 and 23 of the case diary under section
180 of the BNSS, it would appear that on 14.11.2024 they had
gone outside the College campus by scaling the wall secretly to
take meal at BIT, Johar Dhaba and while they were returning
and just about the scale of the boundary of the campus of the
hostel then they saw that one Abhishek Kumar, student of 5 th
Semester of EEE Branch was lying on the ground and when
they wished him then they received no reaction, then they asked
the nearby local people who were taking drugs, as to why they
had assaulted him (i.e. Abhishek Kumar) then those people
started abusing and assaulting him and they were 10-15 in
21
2025:JHHC:23580
numbers then witness-Anuj Kumar Mahto rang in the mobile of
deceased Raja Paswan and then Raja Paswan also came before
them by scaling the wall of the College campus and from where
they used to come secretly and upon arrival of deceased Raja
Paswan, all those 10-15 people started assaulting him and when
they protested then those people taunted that Raja Paswan is
Boss of them and he had arrived to save them and hence those
people brutally assaulted Raja Paswan by leg, shoes and belt due
to which he become seriously injured. Upon hearing the noise of
alarm, the security personnels of the College, Prabhat Ranjan
Mahto (para-18 of the case diary), Somnath Deogharia (para-7
of the case diary) and Gouri Shankar Giri (para-8 of the case
diary) also arrived there by scaling the boundary of the College
and they also tried to save them from the clutches of the local
people but they were overpowering them due to being much in
number and thereafter on hearing their alarm, the other security
personnels also arrived there by scaling the wall and saved them
from the local people. He also stated that Prabhat Ranjan Mahto,
College Warden had identified one local pass out student Sahil
Ansari [in Cr. Appeal (SJ) No.198 of 2025] and to whom said
Prabhat Ranjan Mahto had asked him to stop the assault. They
further stated that thereafter College Management called all the
students in the meeting hall to enquire about the quarrel in the
College campus and for which they were enquiring from the
students of 3rd Semester then suddenly the deceased Raja
Paswan became unconscious then they had informed the
Director of the College on telephone and thereafter Raja Paswan
was sent to BIT Dispensary, Main Campus for first aid
treatment and from where the doctor referred him to RIMS,
Ranchi. Thereafter the College Management had informed the
family members of the deceased Raja Paswan to immediately
22
2025:JHHC:23580
arrive at the College and when they arrived at the College then
they informed the family members of the deceased Raja Paswan
that Raja Paswan had taken wine in large quantities due to
which he is not wells and upon which, his family members took
the deceased Raja Paswan to their house and kept him at their
residence for whole night. On the next morning, he was taken to
RIMS, Ranchi where he died during course of treatment and
then the family members of Raja Paswan informed the BIT
MESRA O.P. about his death and then F.I.R was lodged on
17.11.2024.
27. Therefore, it is clear from the statement of Somnath
Deogharia, Prabhat Ranjan Mahto and Rajendra Mahto that on
the one hand they had concealed the fact of first part of brutal
assault inside the College campus upon the deceased Raja
Paswan on 14.11.2024 and again they concealed the second part
of brutal assault upon the deceased Raja Paswan, rather the
conduct of College Administration reveals that instead of taking
proper step by the management for getting him treated, they
allowed him to go with his parents by falsely stating that
deceased Raja Paswan has taken wine in large quantities due to
which he has become unwell. Had they stated or narrated the
actual fact of brutal assault made upon the deceased Raja
Paswan and upon several other people who were 10-15 in
numbers, the matter would have been different. The parents
could see the signs of assault of Belt, Lathi and Danda on
15.11.2024 at RIMS upon the deceased Raja Paswan while he
was under treatment and the deceased had died due to
negligence on the part of the College Management and also due
to assault made by these four appellants and also the unruly
Mob who were 10-15 in numbers.
23
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28. It is further evident that despite being knowledge of death
of Raja Paswan on 15.11.2024 received from the family
members, the police had instituted the case only on 17.11.2024
instead of 15.11.2024 and even the inquest report was prepared
by the police of BIT MESRA O.P. on 16.11.2024, as it reveals
from para-20 of the case diary.
29. From perusal of the subsequent statement of the
informant-Chandan Paswan recorded at paragraph-2 of the case
diary under section 180 of the BNSS, it would appear that he
had stated that his son deceased Raja Paswan student of 3rd
Semester of BIT MESRA Polytechnic College asked him to
arrive at College as he was being abused by some students by
calling him Dalit/Harijan and after some time, he received call
from Warden Prabaht Ranjan Mahto of B.I.T MESRA that his
son is vomiting and has become unconscious, then he along with
his wife Gayatri Devi arrived at BIT MESRA Polytechnic
College hostel and found his son to be becoming unconscious
and vomiting and then he along with his wife brought his son to
his house and on the next day, he was taken to RIMS, Ranchi
for treatment where he died. He had seen the sign of assault of
Lathi, Danda and Belt on the whole body of the deceased Raja
Paswan and also stated that his son used to inform him that
students used to abuse him in the name of Dalit/Harijan and
used to assault him by making him naked. He also alleged that
College administration had concealed the fact of assault upon
the deceased to them.
30. It further appears from the statement of witness namely,
Sandip Verma, Rajiv Kumar, Ayush Priyam, Yuvraj Kumar and
Jitesh Karmali recorded at para- 34, 35, 36, 37 and 38 of the
case diary under section 180 of the BNSS on 19.11.2024 and
they have stated the same facts as has been stated by Somnath
24
2025:JHHC:23580
Deogharia (para-7 of the case diary), Gouri Shankar Giri (para-8
of the case diary) and also stated about the second part of the
occurrence as stated earlier by Prabhat Ranjan Mahto (para-18
of the case diary), Rajendra Mahto (para-19 of the case diary),
Anuj Kumar, (para-21 of the case diary), Sumit Mahto (para-22
of the case diary) and Deep Raj Shekhar (para-23 of the case
diary.
31. Witness Sandip Verma was working as Supervisor
Security in BIT MESRA Polytechnic College whereas the
witnesses Rajiv Kumar, Ayush Priyam, Yuvraj Kumar and one
witness Jitesh Karmali were students of 3rd Semester. They have
also stated that the College administration had informed the
family members of deceased Raja Paswan that Raja Paswan had
taken wine in large quantities due to which he become
unconscious and unwell. Thus, their statement also reveals that
BIT MESRA had concealed the fact of first brutal assault and
second brutal assault meted out to the deceased Raja Paswan by
the appellant-Mausam Kumar Singh [in Cr. Appeal (SJ) No.149
of 2025] and Abhishek Kumar [in Cr. Appeal (SJ) No.364 of
2025] at the first instance and subsequently by the appellant-
Sahil Ansari [in Cr. Appeal (SJ) No.198 of 2025] and the
appellant-Irfan Ansari [in Cr. Appeal (SJ) No.269 of 2025] in
the second brutal assault along with 10-15 boys in number.
32. From perusal of statement of witnesses namely, student „x‟
(student of 3rd Semester of C.S. Branch), Raja Soni (student of
3rd Semester) recorded at para-50 and 52 of the case diary, it
would appear that even student „x‟ had supported the first part
of the occurrence and had stated that the appellant-Mausam
Kumar Singh [in Cr. Appeal (SJ) No.149 of 2025] had
altercation with the another student Rajiv Kumar which was
pacified by the College security guards and then she went to her
25
2025:JHHC:23580
hostel. However, witness-Raja Soni (student of 3rd Semester,
para-52) stated the same fact as has been stated by the witness
Gouri Shankar Giri (para-8 of the case diary). Hence the same is
not being repeated here. However, the evidence of Raja Soni
also reveals that the family members of deceased Raja Paswan
were informed that Raja Paswan had taken Alcohol in large
quantities and it shows that they had concealed the fact of first
brutal assault and second brutal assault.
33. Para-73 and para-76 are the confessional statements of the
appellant-Mausam Kumar Singh [in Cr. Appeal (SJ) No.149 of
2025] and appellant-Abhishek Kumar [in Cr. Appeal (SJ)
No.364 of 2025] recorded on 22.11.2024. Mausam Kumar Singh
is alleged to have stated before the police for having altercation
between him and witness Rajiv Kumar (para-35 of the case
diary).
Para-76 is the confessional statement of the appellant-
Abhishek Kumar and who is also alleged to have confessed
before the police for assaulting the deceased Raja Paswan along
with Mausam Kumar in association with Nipun Tirkey and other
friends. He had assaulted the deceased Raja Paswan due to
which shirt of Raja Paswan was torned.
Para-77 is the confessional statement of the co-accused
Juvenile Nipun Tirkey who is also alleged to have assaulted
deceased Raja Paswan along with Mausam Kumar.
34. Para-82 is the confessional statement of the appellant-Sahil
Ansari [in Cr. Appeal (SJ) No.198 of 2025] who is said to have
passed B. Tech through CIT College, Tatisilwey, who is alleged
to have stated before the police to have seen one student lying
on the ground after consuming drugs. However, in the
meantime, the deceased Raja Paswan arrived there and gave
water to the said boy. But, in the meantime, some other students
26
2025:JHHC:23580
provoked him by saying that they had assaulted the said student
Abhishek and due to which the said altercation took place then
the appellant Irfan Ansari also arrived there but Irfan was
assaulted by those students due to which he sustained head
injury and thereafter he, i.e. (i) Sahil Ansari along with (ii) Irfan
Ansari and 12 others namely (iii) Ekramul Ansari, (iv) Sehran
Hussain, (v) Sahil Anari, (vi) Jabir Ansari, (vii) Sahbaj Anari,
(viii) Rijwan Ansari, (ix) Raja Ansari, (x) Sami Ansari, (xi)
Sahir Ansari, (xii) Danish Anari, (xiii) Abdul Rakib, and (ivx)
Sohail Ansari brutally assaulted deceased-Raja Paswan by belt,
shoe and legs etc. In the meantime, some Teachers and Staff of
the College arrived there and intervene in the matter and then
they fled away. Later on, he learnt that on 15.11.2024 the
deceased Raja Paswan had died.
35. Para-87 is the confessional statement of appellant-Irfan
Ansari [in Cr. Appeal (SJ) No.269 of 2025]. He also admitted
that he along with Sahil Ansari and 12 others namely (i)
Ekramul Ansari, (ii) Sehran Hussain (iii) Sahil Ansari (iv) Jabir
Ansari (v) Sahbaj Anari (vi) Rijwan Ansari (vii) Raja Ansari
(viii) Sami Ansari (ix) Sahir Ansari (x) Danish Anari (xi) Abdul
Rakib (xii) Sohail Anari had assaulted the deceased Raja
Paswan and other student of the College by belt, bat and fists
and later on, he learnt that the deceased Raja Paswan had died.
36. It reveals that the post-mortem examination of deceased
Raja Paswan was conducted by a Medical Board constituted by
Medical Superintendent, RIMS Ranchi consisting of Dr. Md
Arif Tauheed, Senior Resident, Department of Medicine, Dr.
Naman Maheshwari, Senior Resident, Department of Surgery,
Dr. Deepali Tirkey, Assistant Professor, Department of
Pathology and Dr. Ankur Chaudhary, Senior Resident,
Department of FMT.
27
2025:JHHC:23580
37. Para-117 is the post mortem report of the deceased Raja
Paswan and it appears that the deceased had sustained as many
as nine (09) external injuries and eight (08) internal injuries.
The external injuries upon the person of the deceased Raja
Paswan are as follows:-
External:-
1. Abrasion, reddish in colour, measuring 0.5. cm x 0.5 cm,
present over the nose on left side.
2. Abrasion, reddish in colour, measuring 1 cm x 0.5 cm,
present over the face on left side, situated at a point 4 cm
inner and 1 cm above the left tragus.
3. Abrasion, reddish in colour, measuring 0.5 cm x 0.5 cm,
present over the forehead in midline, situated at a point
3.5 cm above the glabella.
4. Abrasion, reddish in colour, measuring 5 cm x 0.25 cm,
present over the middle part of left cheek.
5. Contusion, reddish blue in colour, measuring 4 cm x 3
cm, present involving the middle part of left cheek.
6. Abrasion, reddish in colour, measuring 2 cm x 0.5 cm,
present over the neck on left side, situated at a point 9.5
cm below and 2 cm inner to left mastoid process.
7. Abrasion, reddish in colour, measuring 0.5 cm x 0.5 cm,
present over the front of right leg, situated at a point 5
cm below the right knee joint.
8. Abrasion, reddish in colour, measuring 1 cm x 0.5 cm,
present over the front of right leg, situated at a point 6
cm above the right ankle joint.
9. Abrasions, two in number, reddish in colour, measuring
5 cm x 0.25 cm, and 0.5 cm x 0.25 cm respectively,
present over the front of right shoulder.
Ligature mark: Ligature mark (measuring 3 cm to 4 cm in
width, and 23 cm in length), horizontally situated involving the
middle and lower part of neck, starting at a point 8.5 cm below
the left mastoid process and ending at a point 9 cm below and 2
cm away from external occipital protuberance of right side. The
ligature mark is situated 8.5 cm below the left mastoid process,
6 cm below the angle of mandible on left side, 7 cm above the
suprasternal notch and 6.5 cm below the symphysis menti in
midline, 7 cm below the angle of mandible on right side, 11 cm
below the right mastoid process, and 9 cm below and 2 cm
away from external occipital protuberance of right side.
Circumference of neck at the level of thyroid cartilage is 37 cm.
The internal injuries on the person of the deceased Raja
Paswan have been found, as follows:-
Internal:-
1. Contusion, measuring 6 cm x 4.5 cm, present involving
28
2025:JHHC:23580the parietal region of scalp on left side.
2. Contusion, measuring 5 cm x 4 cm, present involving the
temporal and occipital region of scalp on right side.
3. Right temporalis muscle contusion present.
4. Subdural blood and blood clots over right side of brain.
5. Contusion, measuring 1 cm x 0.5 cm, present involving
the sternohyoid muscle on right side.
6. Contusion, measuring 2 cm x 1 cm, present involving the
omohyoid muscle on right side, and surrounding
structures.
7. Contusion, measuring 1 cm x 0.5 cm, present involving
the omohyoid muscle on right side, and surrounding
structures.
8. Contusion, measuring 0.25 cm x 0.25 cm, present
involving the posterior aspect of cervical part of
oesophageal wall on right side.
9. Both the lungs are diffusely contused.
10.Stomach contains 100 ml of blackish fluid. Stomach
walls are congested.
11.Right kidney weighs 100 g; Left kidney weighs 100 g;
Both the kidneys are congested.
12.All the internal organs are congested.
The opinion of the doctor regarding the injuries and the
cause of death are as under:-
Opinion of medical officer as to the injuries being ante-mortem
or post-mortem, nature of probable weapons used, if any, cause
of death, time since death; and any additional relevant
information
1. The above noted injuries are ante-mortem in nature.
2. Ligature mark is caused by ligature material.
3. Abrasions and contusions are caused by hard and blunt
object (s).
4. Death is due to combined effect of head injury, and
asphyxia as a result of pressure over neck and chest, and
their complications. However, fiscera have been
preserved for chemical analysis.
5. Time elapsed since death is 18 hours to 36 hours from
the time of post-mortem examination.
6. The viscera have been kept preserved. The Investigating
Officer is directed to collect and submit the preserved
viscera to FSL for chemical analysis, as soon as possible,
preferably within three months.
7. Videography done by the inquest authority and the video
CD/cassette is in the possession of the same.
29
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38. Thus, from going through the evidence of the witnesses
namely, Somnath Deogharia, Gouri Shankar Giri, Prabaht
Ranjan Mahto (Assistant Warden of Hostel No.2), Rajendra
Mahto (Assistant Warden of Hostel No.1), Anuj Kumar, Sumit
Mahto, Deep Raj Shekhar Sandip Verma, Rajiv Kumar, Ayush
Priyam, Yuvraj Kumar, Jitesh Karmali, student „x‟ (name not
disclosed) and Raja Soni, as has been mentioned at Paragraph
Nos.7, 8, 18, 19, 21, 22, 23, 34, 35, 36, 37, 38, 50 and 52 of the
case diary, it would appear that even after sustaining the first
brutal assault and the second brutal assault, the deceased Raja
Paswan, the College authorities had failed to inform the real
picture to the parents and family members of the deceased,
rather they had simply informed that the family members of the
deceased Raja Paswan has consumed huge alcohol/wine in large
quantities and due to which he has become unwell and is
vomiting and they had deliberately concealed the fact of
sustaining assault on two different occasions at the hands of the
appellants i.e. appellant-Mausam Kumar Singh [in Cr. Appeal
(SJ) No.149 of 2025] and Abhishek Kumar [in Cr. Appeal (SJ)
No.364 of 2025], appellant-Sahil Ansari [in Cr. Appeal (SJ)
No.198 of 2025] and the appellant-Irfan Ansari [in Cr. Appeal
(SJ) No.269 of 2025] and other co-accused persons.
39. Thus, the approach of the College Administration is not
appreciated by this Court and the father of the deceased have
been shown negligent by them and they have taken very casual
approach and they had not paid any heed upon the physical
conditions and injuries sustained by the deceased Raja Paswan.
Had they got treated him at the earliest by admitting him to a
good reputed hospital either in RIMS, Ranchi or at any private
Hospital in Ranchi perhaps the life of the deceased could have
been saved. But the negligent approach of the College
30
2025:JHHC:23580
administration reveals that they do not took seriously the life of
the student who ultimately succumb to the injury and they claim
to be innocent by putting the blame upon the parents and family
members of the deceased Raja Paswan by simply saying that
they had pressurized him to take into house instead of taking
into hospital to save their own skin. Thus, there is negligence
and lapses on the part of the College administration also.
40. This Court had called for the Director General of Police,
State of Jharkhand vide order dated 12.06.2025 and had asked
him to prepare a S.O.P for the security of the students residing
in College hostel and also doing study in the Colleges, so that in
future such incident may not happen in future in BIT MESRA
Polytechic College and any other Colleges in the entire State of
Jharkhand.
41. Mr. Anurag Gupta, the Director General of Police, State of
Jharkhand had appeared in person on 13.06.2025 and the State
has filed the affidavit on 07.07.2025.
42. This Court vide order dated 12.06.2025 had also directed
the physical appearance of the Vice Chancellor, Dean and the
Registrar of BIT MESRA, Ranchi and also to the Director
General of Police, State of Jharkhand, Ranchi to remain
physically present on 13.06.2025 and on 13.06.2025 the Sri
Anurag Gupta, the Director General of Police, State of
Jharkhand, Prof. Indranil Manna, Vice Chancellor, BIT
MESRA, Ranchi, Sri Vinay Sharma, Former Director, BIT
MESRA, Ranchi and Sri Sudeep Das, Registrar, BIT MESRA,
Ranchi were present.
43. This Court vide order dated 13.06.2025 directed the
Director General of Police, State of Jharkhand and the College
Administration of BIT MESRA to prepare the S.O.P for the
safety and security of the students.
31
2025:JHHC:23580
44. Thereafter on 25.06.2025 this Court, had directed Mr.
Rahul Purwar, Principal Secretary, Higher Technical Education,
Govt. of Jharkhand through Video Conferencing and also
apprised him about the safety and security of the Colleges in the
State then the Principal Secretary, Higher Technical Education,
Govt. of Jharkhand also submitted that they are also preparing
S.O.P for the Constituent Colleges and the Colleges affiliated
with the State of Jharkhand for establishing Medical
Dispensaries and other Medical Facilities inside the campus of
the College inside the State of Jharkhand. However, he has
further submitted that the S.O.P may not be binding upon the
deemed universities like BIT MESRA but it can be taken as an
advisory.
The learned APP who was directed to produce the SOP in
the meantime.
45. Pursuant to the said order, the learned APP has filed
counter affidavit on behalf of the Director General of Police,
State of Jharkhand on 07.07.2025 and has enclosed the S.O.P as
contained in Memo No.2725 dated 04.07.2025 which has been
enclosed as Annexure-A and stated that S.O.P has been framed
for the security purpose of the educational institutions within the
State of Jharkhand and they have suggested a number of
measures regarding security and safety and co-ordination with
the police and local administration by the College authorities.
It further apprised that all the Police Station have been
directed to prepare a list of Colleges in their jurisdiction and
have their contact number and one person should be nominated
for co-ordination and contact with the College Administration
and regular police patrolling may be done at the important time
and there should be arrangement for receiving secret
information so that anti-social elements, druggists and criminals
32
2025:JHHC:23580
may not reside near the College campus and a seminar should be
organized for traffic rules, criminal law, sexual exploitation,
POCSO Act etc. and a complain box should be received from
the students and police may be deputed mandatorily during big
programmes, game competition, festivals in College and they
have co-ordination with medical or medical facility.
46. Even one supplementary affidavit dated 09.07.2025 has
been filed through Prof. Vinay Sharma, who is working as
Professor, Department of Production, BIT MESRA and was In-
charge of Director (University Polytechnic), MESRA, Ranchi at
the time of incident took place.
47. In the said affidavit dated 09.07.2025 BIT MESRA has
pointed out that the incident involving Raja Paswan (deceased)
took place with some other students in the month of November,
2024 outside the premises of BIT MESRA Polytechnic. After
physical assault between the students, Raja Paswan was initially
transported from the Polytechnic to BIT Dispensary for the
treatment and the Doctor further advised the student for
treatment in RIMS, Ranchi and he has enclosed the photo copy
of Ambulance and Security Vehicle Log Book entries marked as
Annexure-A. However, from perusal of Annexure-A i.e. the
Vehicle Log Book, it would appear that the same does not
contain the name of Raja Paswan and it merely shows Disp H-9
and Poly 11.00 p.m. to 11.40 p.m. on 14.11.2024. The Log Book
of 14th and 15th of Ambulance does not reveal the name of
deceased Raja Paswan at any point of time. He has also enclosed
the letter dated 15.11.2024 and stated that Vice Chancellor had
informed about the incident on 15.11.2024 vide Annexure-B.
They pointed out that one enquiry committee consisting of (1)
Prof. Vinay Sharma, Chairman, (2) Dr. Priyank Kumar, H.O.S
Secretary, (3) Mr. P.R. Mahto, Lecturer and (4) Wardens, Hall
33
2025:JHHC:23580
No.1, 2 and 3. They have also produced the instructing to
Graduates for XXXIV Convocation dated 30.10.2024.
48. The BIT MESRA College/University in its counter
affidavit further stated that they have taken steps for installation
of Concertina wire fencing boundary wall which has been
enclosed as Annexure-D which is the note sheet form issued by
Senior Tech Superintendent and Chief Engineer by engaging a
Contractor, M/s Zaffar Ansari. They also pointed out that an
internal committee report covering all the incidents and
measures taken after the incident was submitted with specific
recommendation and photo copy of report dated 19.11.2014 and
recommendation dated 21.11.2014 are enclosed as Annexure-E
to the counter affidavit. They have pointed out in Annexure-E
that there is installation of Concertina wire fencing on the
boundary wall to prevent unauthorized movement and they are
upgrading CCTV surveillance system because due to frequent
connectivity issues, real time surveillance and image capture
have been proved to be unreliable and hence they are upgrading
it to DVR at the earliest and they are taking steps for
appointment of full time Hostel Manager and one Faculty
Manager will be designated as the Professor In-charge in each
hostel and those persons will oversee all hostel, academic and
administrative measures. They have also taking steps for
installation of High-Mast Lighting behind the Hostels. They will
also take measures to improve students‟ discipline.
They have further produced the SOP said to be prepared
on 20.06.2025 (Standard Operating Procedure) as follows:-
A. Proactive Measures to Prevent Unfortunate
Incidents.
(i) Prior police intimation for large gathering.
(ii) Strengthening Campus Security (By Campus
Security)34
2025:JHHC:23580
(iii) Awareness and counseling Programs,
(iv) Proper communication channels
(v) Night time regulation,
(vi) Health and Medical preparedness and
(vii) Jurisdictional Limitations and External
Accountability
B. Administrative Actions in the case of an incident
(i) Immediate Reporting and Response,
(ii) Constitution of the Disciplinary Committee,
(iii) Medical Assistance and Documentation,
(iv) Escort and Support,
(v) Parental Notification and Handing Over,
(vi) Follow-up and Counseling
(vii) Communication and Confidentiality.
49. Apart from this they have also taken several measures for
record maintenance and reviews, code of conduct for students
and issued various guidelines which have been indicated in SOP
in detail from page 23 to 32 respectively.
50. This Court is satisfied with the SOP of College
Administration of BIT MESRA for the present. But, this may
not be fully sufficient as this Court finds that there is no
establishment of proper medical hospital/clinic having at least
two male and two female doctors where more than several
thousands of students are residing at the hostels of BIT MESRA
campus including BIT MESRA Polytechnic College.
51. This Court further finds that there are several instances of
commission of suicide by the students in premium institutions
like IITs, NITs, AIIMS and various Engineering and Technical
Colleges and despite the guideline issued by the UGC and the
Hon‟ble Supreme Court, the College Administration have not
been able to curb the menace of harassment and ragging meted
out to the students by the fellow senior students in the name of
entertainment or amusement. The country has lost several
valuable lives and the parents are helpless towards the apathy
shown by the various College Managements including immense
35
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institutions like IITs, NITs, AIIMS and other Government and
Private Technical institutes. There are so many hurdles in the
way of parents that truth never came out of the will.
52. In a similar matter, the mother of the deceased student had
filed writ petition being Writ Petition No.5257 of 2017
(Surekha Luxman Sonovane vrs. The State of Maharashtra)
before the Bombay High Court which was disposed of on
12.07.2024, wherein the mother of the deceased student had
sought for direction for stringent action against some of the
respondents for medical negligence and also prayed for
providing compensation of Rs.50,00,000/- to the writ petitioner
for the death of her daughter. The deceased daughter of the writ
petitioner had sustained head injury and she was brought to
nearby Hospital and where she died due to hemorrhage. The
writ petitioner had alleged that the College lacks adequate
medical facilities including Ambulance and there was an
unacceptable delay in transporting for her daughter to the
Hospital.
53. The Hon‟ble Bombay High Court had disposed of the said
writ petition being Writ Petition No.5257 of 2017 on
12.07.2024 reported in 2024 SCC OnLine Bom 2348 (Surekha
Luxman Sonovane versus The State of Maharashtra) and held
at paragraph-9, 10, 11, 12 and 14 as follows:-
“Para-9:- The issue raised by the Petitioner of providing
first aid and medical facilities in educational Institutes
such as polytechnics is of importance. Educational
Institutes in larger cities have a substantial strength of
students and staff members who spend a considerable
portion of their day away from their homes. Medical
emergencies can occur due to the commuting requirements
(especially in Mumbai) and diverse activities within these
institutions. While some institutions may have their
arrangements or provide ad-hoc responses by transporting
patients to the nearest hospital during emergencies, delays
in timely medical treatment can lead to fatal results.
36
2025:JHHC:23580
Relying solely on ad-hoc responses for medical
emergencies is inadequate. A structured approach and
mandates of law are required to ensure basic medical
facilities are readily available on the premises. This
necessitates directives from state authorities, with clear
consequences for non-compliance, to ensure that
educational Institutes adhere to standards that deal with
the medical emergencies of their students and staff.
Para-10:- The learned Amicus has placed on record
AICTE Approval Handbooks and UGC [Affiliation of
Colleges Offering Technical Education By Universities]
Regulations, 2014. The learned Amicus has drawn our
attention to the AICTE Approval Handbooks for the years
2023-2024 and 2024-2027 for our consideration.
Appendix 6 of these Handbooks outlines the norms for
essential and desirable requirements of technical
institutions. Clause 6.1 of Appendix 6 specifies the
essential requirements for technical institutions, which
include provisions for first aid, medical facilities, and
counselling services. Details regarding these requirements
are provided in a checklist that is verified by the Expert
Visit Committee. According to Clause 13.2(9), the Expert
Visit Committee has to physically verify the existence of a
first aid cum sick room. Additionally, Clause 13.2(16)
stipulates that the Expert Visit Committee should examine
documentation regarding the details and evidence of
medical facilities and counselling arrangements, as well
as any Memorandum of Understanding (MoU) with
nearby hospitals or clinics, or the appointment of a doctor
and nurse on campus, along with proof of compliance with
first aid standards.
Para-11:- The State of Maharashtra, however, had not
issued any directions to educational Institutes regarding
the medical facilities. The educational Institutes in the
State are regulated by the Higher and Technical
Education Department and the Education Department
under the governing statutes and Resolutions. The State
Government has the power to issue directions to these
educational Institutes. Copies of the orders passed in the
petition, therefore, were directed to be sent to the
Principal Secretary of the Higher and Technical
Education Department and the Education Department of
the State of Maharashtra to provide information on
whether any directives have been issued to educational
Institutes regarding providing basic medical facilities. It is
thereafter, during today’s hearing, the learned37
2025:JHHC:23580Government Pleader placed on record the Circular dated
10 July 2024 issued by the Higher and Technical
Education Department. The learned Government Pleader
informed the Court that the Education Department of the
State of Maharashtra is issuing a Circular similar to the
one issued by the Higher and Technical Education on 10
July 2024.
Para-12:- The Circular dated 10 July 2024 issued by the
Higher and Technical Education Department, Government
of Maharashtra, states that a large number of students
enrolled in degree, postgraduate, and diploma courses
spend approximately 6 to 7 hours daily on campus, making
immediate medical assistance necessary. Consequently, all
Colleges are mandated to provide basic medical care. The
Circular directs all educational institutes under the
Higher and Technical Education Department of the
Government of Maharashtra to implement several key
measures. These include compulsory student insurance as
per Government Resolutions dated 25 August 2011 and 16
October 2023. Additionally, each institute must establish a
first aid cum sick room of at least 20 square meters
equipped with immediate first aid facilities and ensure that
first aid kits are readily available in all departments.
Furthermore, Institutes are instructed to organise medical
first aid training and annual medical examination camps
for students and staff, with specific training in artificial
respiration. Display boards listing ambulance services
and nearby private hospitals must be prominently
displayed on campus. To manage emergencies effectively,
one or two designated coordinators are to be appointed
and trained to coordinate with hospitals and facilitate
student admissions during critical situations. The
Institutes are required to establish collaborations with
local doctors to provide on-call medical services, ensuring
that doctors are available to respond promptly to student
needs. Provisions for emergency vehicles should be made
to facilitate the transportation of patients to hospitals
when required. These directives apply to all educational
Institutes under the Higher and Technical Education
Department of the Government of Maharashtra. The
Circular has been sent to non-agricultural universities,
deemed universities, and other specified institutes for
immediate compliance.
Para-14:- In light thereof, we dispose of the writ petition
with the following directions:
38
2025:JHHC:23580
(i) The Higher and Technical Education
Department, Government of Maharashtra, will issue
necessary instructions to all the educational Institutes
covered by the Circular dated 10 July 2024 specifying the
course of action within the bounds of law in case of failure
to adhere to the directions in Circular dated 10 July 2024.
(ii) The Higher and Technical Education
Department will give wide publicity to the Circular dated
10 July 2024 through media, social media or on its
website.
(iii) The Higher and Technical Education
Department will also provide a helpline number and social
media presence so that the students, parents and staff
members can point out the non-supply of medical facilities
as per the Circular dated 10 July 2024 in their educational
Institutes.
(iv) In light of the statement made by the learned
Government Pleader that the Education Department,
Government of Maharashtra, is in the process of issuing a
circular similar as the Circular dated 10 July 2024 issued
by the Higher and Technical Education Department. The
Education Department will issue such a Circular within
one month from today.
(v) The directions issued to the Higher and
Technical Education Department as above will be
applicable to the Education Department.”
54. Although in the above case, no compensation was granted
by the Hon‟ble Bombay High Court as in the above case the
College Authorities had taken the deceased student to the
Hospital where she had died.
55. This Court finds that for the present, the State Government
has empowered all the Police Officers including the Sub-
Inspector of Police and Inspector of Police apart from Dy.
Superintendent of Police to investigate the cases instituted under
the provision of Scheduled Caste and Scheduled Tribe
(Prevention of Atrocities) Act and hence, at this stage, the
investigation by the Sub-Inspector, Basant Kumar is not vitiated.
56. However, this Court further finds that although the
accused-appellants i.e. appellant-Sahil Ansari [in Cr. Appeal
39
2025:JHHC:23580
(SJ) No.198 of 2025] and the appellant-Irfan Ansari [in Cr.
Appeal (SJ) No.269 of 2025] have taken the name of twelve
(12) persons namely, (i) Ekramul Ansari, (ii) Sehran Hussain
(iii) Sahil Ansari (iv) Jabir Ansari (v) Sahbaj Anari (vi) Rijwan
Ansari (vii) Raja Ansari (viii) Sami Ansari (ix) Sahir Ansari (x)
Danish Anari (xi) Abdul Rakib (xii) Sohail Anari to be involved
in committing brutal assault upon the deceased Raja Paswan and
his colleagues, but the said Officer In-charge appears to be
shielding those accused persons in the garb of collecting
material which does not appear proper and the police has simply
submitted charge sheet against the four appellants as named
above as well as one Nipun Tirkey, which finds place at para-
141 of the case diary.
57. Hence, this Court does not appreciate the conduct of the
I.O-Basant Kumar, Sub-Inspector of MESRA O.P, Ranchi for
taking for keeping investigation pending against those 12
persons as named by appellant-Sahil Ansari [in Cr. Appeal (SJ)
No.198 of 2025] and the appellant-Irfan Ansari [in Cr. Appeal
(SJ) No.269 of 2025]. But, so far as other students of BIT
MESRA Polytechnic College, namely Raj Kumar Seth and
Yogesh Kumar as the same are students and the police have not
found any material till date and it should be done properly as
they are College students and they may not be harassed, if they
are found to be innocent.
58. From perusal of the statement of Somnath Deogarhia,
Prabhat Ranjan Mahto, Deep Raj Shekhar, Sumit Mahto and
Anuj Kumar, it appears that the mob were very large in number
and even after arrival of some of the Security Personnels of BIT
MESRA they could not be controlled and subsequently various
other security personnel of BIT MESRA were called upon to
40
2025:JHHC:23580
control and manage the mob and then the mob of
students/persons outside the BIT MESRA could be controlled.
59. It is further evident from the Post-Mortem Report of the
deceased Raja Paswan that no Alcohol/wine was found on the
person of the deceased. Thus, the version of the College
Administration by informing the informant that the deceased
Raja Paswan had taken Alcohol/wine is incorrect.
It also reveals that one belt each (i.e. two belt) were used
for assaulting the deceased Raja Paswan were recovered from
the house of appellant-Sahil Ansari [in Cr. Appeal (SJ) No.198
of 2025] and the appellant-Irfan Ansari [in Cr. Appeal (SJ)
No.269 of 2025] which has been also admitted by them in their
confessional statements. Though the belts are available in open
market but this aspect will be seen at the time of trial.
60. At the same time, even this Court at the cost of repetition,
further reiterates that the College authorities have remained
negligent and they have shown no control over the
administration in the College and even the boundary wall of the
College is not so satisfactorily constructed in the College, as not
only the students of the College but also the staff and security
personnels of the College are able to scale the boundary wall of
the College campus. At some place, it shows that they have left
the place insecure for the movement of the students and anti-
social elements at risk.
61. This Court further finds from perusal of paragraph-6 and 9
of the case diary that CCTV Footage of Hostel No.1 where the
occurrence took place was not working and even CCTV Footage
outside the campus was not working and this is clear negligence
and administrative failure on the part of administration of BIT
MESRA University reflects. The University authorities cannot
play with the life of any male student/female students. They
41
2025:JHHC:23580
have also failed to report the matter to the police till 17.11.2024
when ultimately the FIR was lodged by the poor and helpless
father of the deceased (i.e. the informant Chandan Paswan).
62. Had the University Authorities had taken prompt action
and pay medical attention towards the treatment of deceased
Raja Paswan, his life could have been saved. But, as a result of
their sheer negligence and neutral approach, they let off their
hands by sending the student with their parents instead of taking
them to the good Government Hospital with the mature faculty
and security personnels of the College. Hence, the College
administration shall remain cautious in future.
63. So far as merit of the case is concerned, this Court finds
that both appellant-Mausam Kumar Singh [in Cr. Appeal (SJ)
No.149 of 2025] and Abhishek Kumar [in Cr. Appeal (SJ)
No.364 of 2025] are involved in assaulting the deceased Raja
Paswan and both the appellants along with other co-accused
persons as named in their respective confessional statements had
assaulted the deceased Raja Paswan mercilessly due to which
his shirt was torned and he has sustained injury. The College is
the campus of study but it cannot be a place of quarrel and the
College is also not a place of groupism or for showing Bossism
and nefarious activities by claiming any girl student to be his
girlfriend and for assaulting the other student. The student
should also refrain from participating in such a nefarious design
and for showing supremacy over the others except in the case of
self defence. However, the present case is not a case of self-
defence rather both the appellants i.e. appellant-Mausam Kumar
Singh [in Cr. Appeal (SJ) No.149 of 2025] and Abhishek Kumar
[in Cr. Appeal (SJ) No.364 of 2025] and other co-accused as
named in the confessional statement of appellant-Mausam
Kumar Singh [in Cr. Appeal (SJ) No.149 of 2025] and Abhishek
42
2025:JHHC:23580
Kumar [in Cr. Appeal (SJ) No.364 of 2025] have shown their
supremacy by targeting the witness Rajiv Kumar (para-35 of the
case diary) and deceased Raja Paswan. They are regular student
and they were to pass out from the College peacefully but
instead of doing so they committed assault upon the deceased
Raja Paswan.
64. Therefore, this Court is not inclined to enlarge the
appellant-Mausam Kumar Singh [in Cr. Appeal (SJ) No.149 of
2025] and Abhishek Kumar [in Cr. Appeal (SJ) No.364 of 2025]
on bail, at this stage. Accordingly, the prayer for bail of the
appellant-Mausam Kumar Singh [in Cr. Appeal (SJ) No.149 of
2025] and Abhishek Kumar [in Cr. Appeal (SJ) No.364 of 2025]
is, hereby, rejected at this stage.
65. So far as remaining appellant-Sahil Ansari [in Cr. Appeal
(SJ) No.198 of 2025] and the appellant-Irfan Ansari [in Cr.
Appeal (SJ) No.269 of 2025] are concerned, this Court finds that
they have brutally assaulted the deceased Raja Paswan, due to
which the deceased sustained as many as nine (09) external
injury and as many as eight (08) internal injuries and even his
lungs was congested and even the ligature mark was found on
the neck of the deceased Raja Paswan and even the Medical
Board consisting of team of four doctors have opined that the
decease died due to combined effect of both the external and
internal injuries sustained by him.
66. It appears that both the appellants i.e. appellant-Sahil
Ansari [in Cr. Appeal (SJ) No.198 of 2025] and the appellant-
Irfan Ansari [in Cr. Appeal (SJ) No.269 of 2025] in association
with 12 other persons namely, (i) Ekramul Ansari, (ii) Sehran
Hussain (iii) Sahil Ansari (iv) Jabir Ansari (v) Sahbaj Anari (vi)
Rijwan Ansari (vii) Raja Ansari (viii) Sami Ansari (ix) Sahir
Ansari (x) Danish Anari (xi) Abdul Rakib (xii) Sohail Anari
43
2025:JHHC:23580
have brutally assaulted the deceased Raja Paswan like a mob
lynching, due to which, he sustained several internal and
external injuries and injury on neck as has been mentioned in
the post-mortem report of the deceased as mentioned in para-
117 of the case diary.
67. The Hon‟ble Supreme Court has issued certain guidelines
in the case of death on account of Mob Lynching.
68. The Hon‟ble Supreme Court in the case of Tehseen S.
Poonawalla vs. Union of India and Others reported in (2018) 9
SCC 501 held at para-38, 39 and 40 and 40.1 to 40.23 which
are very exhaustive in nature hence para-40.1 to 40.23 are not
being quoted here, but para- 38 and 39 are being referred here:-
“Para-38:- Thus, the decisions of this Court as well as
the authorities from other jurisdictions clearly show
that every citizen has to abide by the law and the law
never confers the power on a citizen to become the law
unto himself or take law into his hands. The idea is
absolutely despicable, the thought is utterly detestable
and the action is obnoxious and completely hellish. It is
nauseatingly perverse. In the aforesaid hearing, Mr
Hegde, as stated earlier, gave the preventive, remedial
and punitive measures to be laid down as guidelines by
this Court. Ms Indira Jaising, learned Senior Counsel,
has placed reliance on Pravasi Bhalai
Sangathan v. Union of India [Pravasi Bhalai
Sangathan v. Union of India, (2014) 11 SCC 477 :
(2014) 3 SCC (Cri) 400] to submit that these
guidelines do come under Sections 153 and 295-A IPC
and this Court has elaborately dealt with the same.
Para-39:- There is no dispute that the act of lynching is
unlawful but we are not concerned with any specific
case since it has become a sweeping phenomenon with
a far-reaching impact. It is our constitutional duty to
take a call to protect lives and human rights. There
cannot be a right higher than the right to live with
dignity and further to be treated with humanness that
the law provides. What the law provides may be taken
away by lawful means; that is the fundamental concept
of law. No one is entitled to shake the said foundation.
No citizen can assault the human dignity of another,
for such an action would comatose the majesty of law.
44
2025:JHHC:23580
In a civilised society, it is the fear of law that prevents
crimes. Commencing from the legal space of
democratic Athens till the legal system of modern
societies today, the law-makers try to prevent crimes
and make the people aware of the same but some
persons who develop masterly skill to transgress the
law jostle in the streets that eventually leads to an
atmosphere which witnesses bloodshed and tears.
When the preventive measures face failure, the crime
takes place and then there have to be remedial and
punitive measures. Steps to be taken at every stage for
implementation of law are extremely important. Hence,
the guidelines are necessary to be prescribed.”
69. In the above case, the writ petitioner had approached for
declaring section 12 of the Gujarat Animal Preservation Act,
1954, Section 13 of the Maharashtra Animal Preservation Act,
1976 and Section 15 of Karnataka Prevention of Cow Slaughter
and Cattle Preservation Act, 1964 as unconstitutional. However,
certain principles in general were also observed by the Hon‟ble
Supreme Court at para 38 and 39 and this Court is inclined to
refer only para-38 and 39.
70. It appears that both the appellants i.e. appellant-Sahil
Ansari [in Cr. Appeal (SJ) No.198 of 2025] and the appellant-
Irfan Ansari [in Cr. Appeal (SJ) No.269 of 2025] in association
with 12 other persons as named in their respective confessional
statement, had brutally assaulted the deceased, due to which
deceased Raja Paswan ultimately died of injuries.
All the appellants have taken the general plea that the
deceased Raja Paswan had taken Alcohol in huge quantities due
to which he succumb to injury but this fact does not appear to be
correct in view of the Post-Mortem Report of the deceased Raja
Paswan which clearly shows that he had received nine (09)
external and eight (08) internal injuries and thus, the plea of the
appellants is not tenable.
45
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71. It is truth that the youths cannot be controlled in their young
ages and sometimes they form their own opinion and act in
youthful manner, irrespective of understanding its consequences in
future. However, their actions are being tolerated, if it results into
some minor scuffle or some groupism. But, in case of death of
student for a trifling thing is a serious aspect and it cannot be
allowed to take such an irresponsible decision.
The incident taking place must not be the first incident and
such incident may not be the last incident also when two youth
clashes with each other on some issues but the College
Administration must ensure that this should be the last incident, at
least for the several years to come.
72. Hence, this Court is not inclined to enlarge the appellants
i.e. appellant-Sahil Ansari [in Cr. Appeal (SJ) No.198 of 2025]
and the appellant-Irfan Ansari [in Cr. Appeal (SJ) No.269 of
2025] on bail.
Accordingly, the prayer for bail of the appellants i.e.
appellant-Sahil Ansari [in Cr. Appeal (SJ) No.198 of 2025] and
the appellant-Irfan Ansari [in Cr. Appeal (SJ) No.269 of 2025]
is, hereby, rejected.
73. However, so far as present case is concerned, this Court is
of the view that for the tortious and vicarious liability the
College Administration should pay certain amount of
compensation to the parents of the family members of the
deceased student-Raja Paswan.
74. It has been held by Hon‟ble Supreme Court in the case of
Nilabati Behera (Smt) alias Lalita Behera (Through the
Supreme Court Legal Aid Committee) vs. State of Orissa and
Ors. reported in (1993) 2 SCC 746 at para-10, 34 and 35 as
follows:-
46
2025:JHHC:23580
“Para-10:- In view of the decisions of this Court
in Rudul Sah v. State of Bihar [(1983) 4 SCC 141 : 1983
SCC (Cri) 798 : (1983) 3 SCR 508] , Sebastian M.
Hongray v. Union of India [(1984) 1 SCC 339 : 1984
SCC (Cri) 87 : (1984) 1 SCR 904(I)] , Sebastian M.
Hongray v. Union of India [(1984) 3 SCC 82 : 1984
SCC (Cri) 407 : (1984) 3 SCR 544(II)] , Bhim
Singh v. State of J & K [1984 Supp SCC 504 : 1985
SCC (Cri) 60] , Bhim Singh v. State of J & K [(1985) 4
SCC 677 : 1986 SCC (Cri) 47] , Saheli : A Women’s
Resources Centre v. Commissioner of Police, Delhi
Police Headquarters [(1990) 1 SCC 422 : 1990 SCC
(Cri) 145] and State of Maharashtra v. Ravikant S.
Patil [(1991) 2 SCC 373 : 1991 SCC (Cri) 656] the
liability of the State of Orissa in the present case to pay
the compensation cannot be doubted and was rightly
not disputed by the learned Additional Solicitor
General. It would, however, be appropriate to spell out
clearly the principle on which the liability of the State
arises in such cases for payment of compensation and
the distinction between this liability and the liability in
private law for payment of compensation in an action
on tort. It may be mentioned straightaway that award of
compensation in a proceeding under Article 32 by this
Court or by the High Court under Article 226 of the
Constitution is a remedy available in public law, based
on strict liability for contravention of fundamental
rights to which the principle of sovereign immunity does
not apply, even though it may be available as a defence
in private law in an action based on tort. This is a
distinction between the two remedies to be borne in
mind which also indicates the basis on which
compensation is awarded in such proceedings. We shall
now refer to the earlier decisions of this Court as well
as some other decisions before further discussion of this
principle.
Para-34:- The public law proceedings serve a different
purpose than the private law proceedings. The relief of
monetary compensation, as exemplary damages, in
proceedings under Article 32 by this Court or under
Article 226 by the High Courts, for established
infringement of the indefeasible right guaranteed under
Article 21 of the Constitution is a remedy available in
public law and is based on the strict liability for
contravention of the guaranteed basic and indefeasible
rights of the citizen. The purpose of public law is not
only to civilize public power but also to assure the
47
2025:JHHC:23580
citizen that they live under a legal system which aims to
protect their interests and preserve their rights.
Therefore, when the court moulds the relief by granting
“compensation” in proceedings under Article 32 or 226
of the Constitution seeking enforcement or protection of
fundamental rights, it does so under the public law by
way of penalising the wrongdoer and fixing the liability
for the public wrong on the State which has failed in its
public duty to protect the fundamental rights of the
citizen. The payment of compensation in such cases is
not to be understood, as it is generally understood in a
civil action for damages under the private law but in the
broader sense of providing relief by an order of making
„monetary amends‟ under the public law for the wrong
done due to breach of public duty, of not protecting the
fundamental rights of the citizen. The compensation is
in the nature of „exemplary damages‟ awarded against
the wrongdoer for the breach of its public law duty and
is independent of the rights available to the aggrieved
party to claim compensation under the private law in an
action based on tort, through a suit instituted in a court
of competent jurisdiction or/and prosecute the offender
under the penal law.
Para-35:- This Court and the High Courts, being the
protectors of the civil liberties of the citizen, have not
only the power and jurisdiction but also an obligation to
grant relief in exercise of its jurisdiction under Articles
32 and 226 of the Constitution to the victim or the heir
of the victim whose fundamental rights under Article 21
of the Constitution of India are established to have been
flagrantly infringed by calling upon the State to repair
the damage done by its officers to the fundamental
rights of the citizen, notwithstanding the right of the
citizen to the remedy by way of a civil suit or criminal
proceedings. The State, of course has the right to be
indemnified by and take such action as may be available
to it against the wrongdoer in accordance with law —
through appropriate proceedings. Of course, relief in
exercise of the power under Article 32 or 226 would be
granted only once it is established that there has been
an infringement of the fundamental rights of the citizen
and no other form of appropriate redressal by the court
in the facts and circumstances of the case, is possible.
The decisions of this Court in the line of cases starting
with Rudul Sah v. State of Bihar [(1983) 4 SCC 141 :
1983 SCC (Cri) 798 : (1983) 3 SCR 508] granted
monetary relief to the victims for deprivation of their48
2025:JHHC:23580fundamental rights in proceedings through petitions
filed under Article 32 or 226 of the Constitution of
India, notwithstanding the rights available under the
civil law to the aggrieved party where the courts found
that grant of such relief was warranted. It is a sound
policy to punish the wrongdoer and it is in that spirit
that the courts have moulded the relief by granting
compensation to the victims in exercise of their writ
jurisdiction. In doing so the courts take into account not
only the interest of the applicant and the respondent but
also the interests of the public as a whole with a view to
ensure that public bodies or officials do not act
unlawfully and do perform their public duties properly
particularly where the fundamental right of a citizen
under Article 21 is concerned. Law is in the process of
development and the process necessitates developing
separate public law procedures as also public law
principles. It may be necessary to identify the situations
to which separate proceedings and principles apply and
the courts have to act firmly but with certain amount of
circumspection and self-restraint, lest proceedings
under Article 32 or 226 are misused as a disguised
substitute for civil action in private law. Some of those
situations have been identified by this Court in the cases
referred to by Brother Verma, J.”
75. It has been held by Hon‟ble Supreme Court in the case of
Delhi Jal Board vs. National Campaign for Dignity and Rights
of Sewerage and Allied Workers and Others reported in (2011)
8 SCC 568 at para-47 as follows:-
“Para-47:- In M.S. Grewal v. Deep Chand
Sood [(2001) 8 SCC 151 : 2001 SCC (Cri) 1426] , this
Court examined the question whether the High Court of
Himachal Pradesh was justified in entertaining the writ
petition filed by the parents of 14 children, who died
due to drowning in a river when they were on picnic
organised by the school authorities. While rejecting the
objection to the maintainability of the writ petition, the
Court referred to Rudul Sah v. State of Bihar [(1983) 4
SCC 141 : 1983 SCC (Cri) 798] , Nilabati
Behera v. State of Orissa [(1993) 2 SCC 746 : 1993
SCC (Cri) 527] and D.K. Basu v. State of W.B. [(1997)
1 SCC 416 : 1997 SCC (Cri) 92] and observed: (M.S.
Grewal case [(2001) 8 SCC 151 : 2001 SCC (Cri) 1426]
, SCC p. 166, para 26)49
2025:JHHC:23580“26. Next is the issue „maintainability of the writ
petition‟ before the High Court under Article 226 of
the Constitution. The appellants though initially very
strongly contended that while the negligence aspect
has been dealt with under penal law already, the
claim for compensation cannot but be left to be
adjudicated by the civil law and thus the civil court’s
jurisdiction ought to have been invoked rather than
by way of a writ petition under Article 226 of the
Constitution. This plea of non-maintainability of the
writ petition though advanced at the initial stage of
the submissions but subsequently the same was not
pressed and as such we need not detain ourselves on
that score, excepting however recording that the law
courts exist for the society and they have an
obligation to meet the social aspirations of citizens
since law courts must also respond to the needs of the
people. In this context, reference may be made to two
decisions of this Court: the first in line is the decision
in Nilabati Behera v. State of Orissa [(1993) 2 SCC
746 : 1993 SCC (Cri) 527] wherein this Court relying
upon the decision in Rudul Sah v. State of
Bihar [(1983) 4 SCC 141 : 1983 SCC (Cri) 798]
decried the illegality and impropriety in awarding
compensation in a proceeding in which the court’s
power under Articles 32 and 226 of the Constitution
stands invoked and thus observed that it was a clear
case for award of compensation to the petitioner for
custodial death of her son. It is undoubtedly true,
however, that in the present context, there is no
infringement of the State’s obligation, unless of course
the State can also be termed to be a joint tortfeasor,
but since the case of the parties stands restricted and
without imparting any liability on the State, we do not
deem it expedient to deal with the issue any further
except noting the two decisions of this Court as above
and without expression of any opinion in regard
thereto.”
76. It has been held by Hon‟ble Supreme Court in the case of
Sanjay Gupta and Ors. vs. State of Uttar Pradesh through its
Chief Secretary and Ors. reported in (2022) 7 SCC 203 at para-
13, 17, 54 and 55 as follows:-
“Para-13:- It was thereafter, the Division Bench of the
Delhi High Court in a judgment reported as Uphaar
Tragedy Victims Assn. v. Union of India [Uphaar
Tragedy Victims Assn. v. Union of India, 2003 SCC
OnLine Del 377] noticed the deviations in the building
plans of the theatre. The High Court considered a similar50
2025:JHHC:23580argument as was raised on behalf of the Organisers
herein and held as under : (SCC OnLine Del paras 47-49
& 52-53)
“47. Dr Rajeev Dhawan, Senior Advocate, argued
on behalf of the respondents that the public law
remedies by way of writ petitions are normally limited to
giving directions, providing interim and final injunctive
reliefs and quashing decisions which are violative of the
fundamental rights or violation of law. He submits that
the scope of providing damages in public law is limited
to specific situations and circumstances where the State
deliberately deprives a person of his personal liberty in
cases such as causing death, grievous injury, custodial
violence and the like. He submits that the judgments
already cited by this Court in its earlier judgment dated
21-2-2000 (sic 29-2-2000 [Uphaar Tragedy Victims
Assn. v. Union of India, 2000 SCC OnLine Del 216] ),
namely, Sebastian M. Hongray v. Union of
India [Sebastian M. Hongray v. Union of India, (1984) 3
SCC 82 : 1984 SCC (Cri) 407] ; Rudul Sah v. State of
Bihar [Rudul Sah v. State of Bihar, (1983) 4 SCC 141 :
1983 SCC (Cri) 798] ; Bhim Singh v. State of
J&K [Bhim Singh v. State of J&K, (1985) 4 SCC 677 :
1986 SCC (Cri) 47] ; People’s Union for Democratic
Rights v. State of Bihar [People’s Union for Democratic
Rights v. State of Bihar, (1987) 1 SCC 265 : 1987 SCC
(Cri) 58] ; People’s Union for Democratic
Rights v. Police Commr. [People‘s Union for
Democratic Rights v. Police Commr., (1989) 4 SCC 730
: 1990 SCC (Cri) 75] ; Saheli v. Commr. of
Police [Saheli v. Commr. of Police, (1990) 1 SCC 422 :
1990 SCC (Cri) 145] , Nilabati Behera v. State of
Orissa [Nilabati Behera v. State of Orissa, (1993) 2
SCC 746 : 1993 SCC (Cri) 527] , Arvinder Singh
Bagga v. State of U.P. [Arvinder Singh Bagga v. State of
U.P., (1994) 6 SCC 565 : 1995 SCC (Cri) 29] ; Inder
Singh v. State of Punjab [Inder Singh v. State of Punjab,
(1995) 3 SCC 702 : 1995 SCC (Cri) 586 : 1995 SCC
(L&S) 857] ; Punjab & Haryana High Court Bar
Assn. v. State of Punjab [Punjab & Haryana High Court
Bar Assn. v. State of Punjab, (1996) 4 SCC 742 : 1996
SCC (Cri) 858] ; Ajab Singh v. State of U.P. [Ajab
Singh v. State of U.P., (2000) 3 SCC 521 : 2000 SCC
(Cri) 718] related to cases where the State had
deliberately deprived a person of his personal liberty or
related to cases of causing death, grievous injury,
custodial violence, etc. by the public authorities. It is
submitted by him that the remedy of damages in public
law is not available for each and every transgression of
fundamental rights and thus even if there is an error
arising out of an arbitrary action or denial of
permission which may result in damages of crores or
there is a transgression of freedom of religion or any51
2025:JHHC:23580other fundamental right, the remedy of damages is not
available. It is submitted that ultra vires acts by
themselves did not give rise to damages and for this he
relied upon the judgments of the Supreme Court in D.K.
Basu v. State of W.B. [D.K. Basu v. State of W.B., (1997)
1 SCC 416 : 1997 SCC (Cri) 92]
48. In D.K. Basu v. State of W.B. [D.K.
Basu v. State of W.B., (1997) 1 SCC 416 : 1997 SCC
(Cri) 92] it was held that the claim in public law for
compensation for unconstitutional deprivation of
fundamental right to life and liberty, the protection of
which is guaranteed under the Constitution, is a claim
based on strict liability and is in addition to the claim
available in private law for damages for tortious acts of
the public servants. Public law proceedings serve a
different purpose than the private law proceedings.
Award of compensation for established infringement of
the indefeasible rights guaranteed under Article 21 of
the Constitution is a remedy available in public law
since the purpose of public law is not only to civilise
public power but also to assure the citizens that they live
under a legal system wherein their rights and interests
shall be protected and preserved. Grant of
compensation in proceedings under Article 32 or Article
226 of the Constitution of India for the established
violation of the fundamental rights guaranteed under
Article 21, is an exercise of the courts under the public
law jurisdiction for penalising the wrongdoer and fixing
the liability for the public wrong on the State which
failed in the discharge of its public duty to protect the
fundamental rights of the citizen. In the assessment of
compensation, the emphasis has to be on the
compensatory and not on punitive element. The
objective is to apply balm to the wounds and not to
punish the transgressor or the offender, as awarding
appropriate punishment for the offence (irrespective of
compensation) must be left to the criminal courts in
which the offender is prosecuted, which the State, in
law, is duty bound to do. The award of compensation in
the public law jurisdiction is also without prejudice to
any other action like civil suit for damages which is
lawfully available to the victim or the heirs of the
deceased victim with respect to the same matter for the
tortious act committed by the functionaries of the State.
The quantum of compensation will, of course, depend
upon the peculiar facts of each case and no straitjacket
formula can be evolved in that behalf. The relief to
redress the wrong for the established invasion of the
fundamental rights of the citizen, under the public law
jurisdiction is, thus, in addition to the traditional
remedies and not in derogation of them. The amount of
compensation as awarded by the Court and paid by the
State to redress the wrong done, may in a given case, be
52
2025:JHHC:23580
adjusted against any amount which may be awarded to
the claimant by way of damages in a civil suit. Dr
Dhawan also relied upon the judgment reported as M.C.
Mehta v. Union of India (Shriram-Oleum Gas) [M.C.
Mehta v. Union of India (Shriram-Oleum Gas), (1987) 1
SCC 395 : 1987 SCC (L&S) 37] , to contend that to
justify the award of compensation, the requirement is
that infringement must be gross, patent, incontrovertible
and ex facie glaring. It is also his submission that the
remedy of damages was an extra ordinary remedy where
there was gross violation arising out of deliberate action
or malicious action resulting in deprivation of personal
liberty. It is submitted that the exemplary damages in
public law were not to be confused with damages in
private law for which private law remedies were
available. The damages available for constitutional
wrongs were by very nature exemplary and have a
limited meaning and were not intended to be
compensatory in nature. In support of his contentions,
he refers to the judgments of the Supreme Court
in Nilabati Behera v. State of Orissa [Nilabati
Behera v. State of Orissa, (1993) 2 SCC 746 : 1993 SCC
(Cri) 527] and Indian Council for Enviro-Legal
Action v. Union of India [Indian Council for Enviro-
Legal Action v. Union of India, (1996) 3 SCC 212] .
In Nilabati Behera v. State of Orissa [Nilabati
Behera v. State of Orissa, (1993) 2 SCC 746 : 1993 SCC
(Cri) 527] , it was held by the Supreme Court that it
would, however, be appropriate to spell out clearly the
principle on which the liability of the State arises in
such cases for payment of compensation and the
distinction between this liability and the liability in
private law for payment of compensation in an action on
tort. It may be mentioned straightway that award of
compensation in a proceeding under Article 32 by the
Supreme Court or by the High Court under Article 226
of the Constitution is a remedy available in public law,
based on strict liability for contravention of fundamental
rights to which the principle of sovereign immunity does
not apply, even though it may be available as a defence
in private law in an action based on tort. This is a
distinction between the two remedies to be borne in
mind which also indicates the basis on which
compensation is awarded in such proceedings. We shall
now refer to the earlier decisions of this court as well as
some other decisions before further discussion of this
principle. The compensation is in the nature of
“exemplary damages” awarded against the wrongdoer
for the breach to its public law duty and is independent
of the rights available to the aggrieved party to claim
compensation under the private law in an action based
on tort, through a suit instituted in a court of competent
53
2025:JHHC:23580
jurisdiction or/and prosecute the offender under the
penal law.
49. In Indian Council for Enviro-Legal
Action v. Union of India [Indian Council for Enviro-
Legal Action v. Union of India, (1996) 3 SCC 212] , the
Supreme Court had held that even if it is assumed that
the Court cannot award damages against the
respondents in proceedings under Article 32 of the
Constitution of India that would not mean that the Court
could not direct the Central Government to determine
and recover the cost of remedial measures from the
respondents. It was held that Section 3 of the
Environment (Protection) Act, 1986 expressly
empowered the Central Government to made all such
measures as it deems necessary or expedient for the
purpose of protecting and improving the quality of
environment. The right to claim damages was left by
institution of suits in appropriate civil courts and it was
held that if such suits were filed in forma pauperis, the
State of Rajasthan shall not oppose those applications
for leave to sue in forma pauperis.
***
52. We have given our thoughtful consideration to
the arguments advanced by Dr Rajeev Dhawan that
public law remedies by way of writ petition are normally
limited to giving directions, providing interim and final
injunctive reliefs and quashing decisions which are
violative of the fundamental rights or violation of law
and that the remedy of damages in public law is not
available for each and every transgression of
fundamental rights nor ultra vires acts by themselves
give rise to damages and that where the disputed
questions of fact involved, the party should be left to the
normal course of getting the matter decided by a civil
court but we have not been able to make ourselves
agreeable with Dr Rajeev Dhawan. We have already
held in our judgment dated 29-2-2000 [Uphaar Tragedy
Victims Assn. v. Union of India, 2000 SCC OnLine Del
216] that the petition for claiming damages in public
law by filing a petition under Article 226 of the
Constitution of India was maintainable. We have also
already held that it was not a matter in which highly
disputed questions of fact arose and it appears to be a
matter in which facts could be ascertained very easily.
The earlier observations of the Court, in our view, are
relevant to quote at this stage as under:
***
53. It is in view of these observations that we have
to examine as to how the fire was caused and what is the
complicity of the parties in the same. Besides examining
the causation of fire, this Court is also required to go
into the question as to whether a party even if not
responsible for causation of fire was still responsible for
54
2025:JHHC:23580
spreading the smoke so as to make it liable for
compensation. This Court is also to examine, if it is
ultimately held as to how the fire was caused, who was
responsible for the same and who was responsible for
spread of smoke to the upper floors and what were the
deviations in the building, seating arrangement
including provision of gangways and exit doors, etc.
what were the defects in installation and maintenance of
the transformer and how all this has contributed to the
spreading of smoke and fire in the building and how the
compensation, if any, is to be apportioned amongst the
parties to this petition.” ……. (emphasis supplied)
Para-17:- The second category of cases is where
compensation has been awarded against a corporate
entity which is engaged in an activity having the potential
to affect the life and health of people such as M.C.
Mehta [M.C. Mehta v. Union of India (Shriram-Oleum
Gas), (1987) 1 SCC 395 : 1987 SCC (L&S) 37] wherein
the Court held as under : (SCC p. 421, para 31)
“31. … We would therefore hold that where in
enterprise is engaged in a hazardous or inherently
dangerous activity and harm results to anyone on
account of an accident in the operation of such
hazardous or inherently dangerous activity resulting,
for example, in escape of toxic gas the enterprise is
strictly and absolutely liable to compensate all those
who are affected by the accident and such liability is
not subject to any of the exceptions which operate
vis-à-vis the tortious principle of strict liability under
the rule in Rylands v. Fletcher [Rylands v. Fletcher,
(1868) LR 3 HL 330 : 19 LT 220] .”
Para-54:- In Shyam Sunder v. State of Rajasthan [Shyam
Sunder v. State of Rajasthan, (1974) 1 SCC 690] , this
Court observed that the maxim res ipsa loquitur is
resorted to when an accident is shown to have occurred
and the cause of the accident is primarily within the
knowledge of the defendant. The mere fact that the cause
of the accident is unknown does not prevent the plaintiff
from recovering the damages, if proper inference to be
drawn from the circumstances which are known is that it
was caused by the negligence of the defendant. It was
observed as thus : (SCC pp. 693-94, paras 9-11)
“9. The main point for consideration in this
appeal is, whether the fact that the truck caught fire is
evidence of negligence on the part of the driver in the
course of his employment. The maxim res ipsa
loquitur is resorted to when an accident is shown to
have occurred and the cause of the accident is
55
2025:JHHC:23580
primarily within the knowledge of the defendant. The
mere fact that the cause of the accident is unknown
does not prevent the plaintiff from recovering the
damages, if the proper inference to be drawn from the
circumstances which are known is that it was caused
by the negligence of the defendant. The fact of the
accident may, sometimes, constitute evidence of
negligence and then the maxim res ipsa
loquitur applies.
10. The maxim is stated in its classic form by Erle,
C.J. : [Scott v. London & St. Katherine Docks, (1865)
3 H&C 596, 601]
„… where the thing is shown to be under the
management of the defendant or his servants, and the
accident is such as in the ordinary course of things
does not happen if those who have the management
use proper care, it affords reasonable evidence, in the
absence of explanation by the defendants, that the
accident arose from want of care.‟
The maxim does not embody any rule of
substantive law nor a rule of evidence. It is perhaps
not a rule of any kind but simply the caption to an
argument on the evidence. Lord Shaw remarked that
if the phrase had not been in Latin, nobody would
have called it a principle [Ballard v. North British
Railway Co., 1923 Sessions Cases (HL) 43] . The
maxim is only a convenient label to apply to a set of
circumstances in which the plaintiff proves a case so
as to call for a rebuttal from the defendant, without
having to allege and prove any specific act or
omission on the part of the defendant. The principal
function of the maxim is to prevent injustice which
would result if a plaintiff were invariably compelled
to prove the precise cause of the accident and the
defendant responsible for it even when the facts
bearing on these matters are at the outset unknown to
him and often within the knowledge of the defendant.
But though the parties’ relative access to evidence is
an influential factor, it is not controlling. Thus, the
fact that the defendant is as much at a loss to explain
the accident or himself died in it, does not preclude
an adverse inference against him, if the odds
otherwise point to his negligence (see John G.
Fleming, The Law of Torts, 4th Edn., p. 264). The
mere happening of the accident may be more
consistent with the negligence on the part of the
defendant than with other causes. The maxim is based
56
2025:JHHC:23580
on commonsense and its purpose is to do justice when
the facts bearing on causation and on the care
exercised by defendant are at the outset unknown to
the plaintiff and are or ought to be within the
knowledge of the defendant (see Barkway v. South
Wales Transport Co. Ltd. [Barkway v. South Wales
Transport Co. Ltd., 1950 AC 185 : (1950) 1 All ER
392, 399 (HL)] ).
11. The plaintiff merely proves a result, not any
particular act or omission producing the result. If the
result, in the circumstances in which he proves it,
makes it more probable than not that it was caused by
the negligence of the defendants, the doctrine of res
ipsa loquitur is said to apply, and the plaintiff will be
entitled to succeed unless the defendant by evidence
rebuts that probability.”
Para-55:- Further, this Court in Pushpabai
Purshottam Udeshi v. Ranjit Ginning & Pressing Co.
(P) Ltd. [Pushpabai Purshottam Udeshi v. Ranjit
Ginning & Pressing Co. (P) Ltd., (1977) 2 SCC 745]
held that where the plaintiff can prove the accident
but cannot prove how it happened to establish
negligence on the part of the defendant, such hardship
is sought to be avoided by applying the principle
of res ipsa loquitur. It was observed thus : (SCC pp.
750-51, para 6)
“6. The normal rule is that it is for the plaintiff
to prove negligence but as in some cases
considerable hardship is caused to the plaintiff as
the true cause of the accident is not known to him
but is solely within the knowledge of the defendant
who caused it, the plaintiff can prove the accident
but cannot prove how it happened to establish
negligence on the part of the defendant. This
hardship is sought to be avoided by applying the
principle of res ipsa loquitur. The general purport
of the words res ipsa loquitur is that the accident
“speaks for itself” or tells its own story. There are
cases in which the accident speaks for itself so that
it is sufficient for the plaintiff to prove the accident
and nothing more. It will then be for the defendant
to establish that the accident happened due to some
other cause than his own negligence. Salmond on
the Law of Torts (15th Edn.) at p. 306 states:
„The maxim res ipsa loquitur applies whenever
it is so improbable that such an accident would57
2025:JHHC:23580have happened without the negligence of the
defendant that a reasonable jury could find without
further evidence that it was so caused.‟
In Halsbury’s Laws of England, 3rd Edn., Vol.
28, at p. 77, para 79 the position is stated thus:
„79. Inference of defendant’s negligence.–An
exception to the general rule that the burden of
proof of the alleged negligence is in the first
instance on the plaintiff occurs wherever the facts
already established are such that the proper and
natural inference arising from them is that the
injury complained of was caused by the defendant’s
negligence, or where the event charged as;
negligence “tells it own story” of negligence on the
part of the defendant, the story so told being clear
and unambiguous.‟
Where the maxim is applied the burden is on
the defendant to show either that in fact he was not
negligent or that the accident might more probably
have happened in a manner which did not connote
negligence on his part.”
77. The BIT MESRA College Administration cannot shirk its
responsibility by blaming the clash between two groups of students
and the public inside campus because on account of their
mismanagement these things happened and they have failed to run
the administration of the College smoothly.
78. The Hon‟ble Supreme Court in the case of Amit Kumar and
others vs. Union of India and others reported in 2025 SCC
OnLine SC 631 has constituted National Task Force to address the
mental health concerns of students and prevent the commission of
suicide in Higher Educational Institutions and Task Force is
constituted of Justice S. Ravindra Bhat, Former Judge, Supreme
Court of India as the Chairperson and nine (09) other members
including Doctors and Professors. The Hon‟ble Supreme Court
also nominated Ex-officio members of the Task Force:
(i) Secretary, Department of Higher Education,
Ministry of Education, Government of India;
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(ii) Secretary, Department of Social Justice &
Empowerment, Ministry of Social Justice &
Empowerment, Government of India;
(iii) Secretary, Ministry of Women and Child
Development, Government of India;
(iv) Secretary, Department of Legal Affairs, Ministry of
Law and Justice, Government of India.
The Hon‟ble Supreme Court has given several other
directions also and has called for report from the Task Force also
and the matter is pending before Hon‟ble Supreme Court and the
case has been fixed before the Hon‟ble Supreme Court on
25.08.2025.
79. This Court is aware of the fact that the College/University is
a place of great learning and they provide a very wide platform to
their students in their career and providing with employment and
students of BIT MESRA are serving in the Nations and Foreign
countries and are well placed but at the same time, they have to
protect the life of the students, which is fundamental right under
Article 21 of the Constitution of India.
80. The death of the student not only cause loss of love and
affections for the parents for their whole life but they are also
deprived of their future and old age protection when they need the
most.
81. The College Authority being Protector/Guardian of the each
student failed to discharge its responsibility and duties in the time
of need.
A time has come now that the Court has to pass order in the
light of the plight of the victim family.
This Court is also conscious of limitations also while
directing for payment of any compensation amount but this Court
has taken notice of the facts that each and every year many
students commit suicide and die due to ragging/internal politics
also between Teacher and Student and despite issuance of
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guideline of U.G.C, Central Court and the judgments of the
Hon‟ble Supreme Court, the Administration/College Authorities
are yet to wake up/awoke and no liability has been affirmed or
fastened to them despite their negligence and lapses.
The case in hand, is gross example of indiscipline and
negligence and poor administration.
Had the College Authority acted properly and would have
taken at least minimum effect of admitting the student, deceased
Raja Paswan in any Government/Private Hospital, this Court
would not have passed order for grant of compensation but their
casual approach to shirk their responsibilities, has compelled this
Court to pass against for compensation against them to remind
them of their duties and responsibilities to take action with positive
mindset and for their acts of tortious liabilities and vicarious
liabilities.
82. Considering all this, this Court is of the view that certain
compensation must be imposed upon BIT MESRA College
Administration for the following reasons:-
(i) They have failed to maintain the required discipline
leading to 1st brutal assault in the campus despite
presence of College Authorities and CCTV Camera
were found inactive and which shows their negligence.
Had these CCTV properly working the cause of action
could be stopped.
(ii) They failed to restrain the movement of their College
students in the night hour after around 8.30 p.m to
9.00 p.m when the alleged Raja went outside after
scaling the boundary wall of the BIT MESRA
Polytechnic College which was said to be too low to
be scaled by the witnesses namely, Somnath
Deogharia, Gouri Shankar Giri, Prabaht Ranjan
Mahto (Assistant Warden of Hostel No.2), Rajendra
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Mahto (Assistant Warden of Hostel No.1), Anuj Kumar
(student), Sumit Mahto (student) and Deep Raj
Shekhar (student) (para-7, 8, 18, 19, 21, 22 and 23 of
the case diary) one of them had called Raja Paswan by
assaulting outside and even in presence of so many
Security Ppersonnels they failed to control the unruly
mob of 10-15 people and which amounts to serious
lapses on the part of College Administration.
(iii) College Administration gave wrong information to the
parents/family members of deceased student that the
deceased student Raja Paswan had consumed Alcohol
in large quantities.
(iv) Instead of giving proper treatment in the College
Dispensary, getting him admitted to a good
Government/Private Hospital, they misrepresented
and distorted the fact of consuming Alcohol by the
deceased student and as such the parents took him to
their residence and this shows/reflects the inhuman
approach of College Administration and who have
taken the life of the students lightly. They cannot play
with the life of the student.
83. Hence, this Court is inclined to pass order for interim
compensation of Rs.20,00,000/- (Rs.Twenty Lakhs) at this stage,
even if the informant has not approached before this Court despite
service of notice upon him, only in order to remind the college BIT
MESRA College Administration of their concern duty to act as the
Guardian or Welfare Guardian even if the guardians of the students
are sleeping in the night but their system to awoke and remain
vigilant even if the students are sleeping.
84. This amount of compensation of Rs.20,00,000/- (Rs. Twenty
Lakhs) to the parents of deceased will be apart the compensation
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which they may claim in future, if any, from any College
Authorities and the State Administration, in accordance with law.
Neither the College Authorities have disclosed as to which
Doctor had treated and referred the deceased Raja Paswan to
RIMS, nor the police has taken the statement of any Doctor in the
Medical Clinic of BIT MESRA, who had treated the deceased Raja
Paswan in dispensary of BIT MESRA.
Thus, this Court finds that the assertion of College
Administration that the deceased was treated by the Doctor in
Medical Clinic at BIT MESRA does not appear to be convincing.
85. The learned Court below is directed to ensure that the I.O of
this case should not divert the investigation to a wrong conclusion,
as it appears that the I.O of this case has written in para-141 of the
case diary that certain points have to be examined before taking
decision against the remaining persons namely, (i) Ekramul Ansari,
(ii) Sehran Hussain (iii) Sahil Ansari (iv) Jabir Ansari (v) Sahbaj
Anari (vi) Rijwan Ansari (vii) Raja Ansari (viii) Sami Ansari (ix)
Sahir Ansari (x) Danish Anari (xi) Abdul Rakib (xii) Sohail Anari
and hence, this Court directs the Director General of Police,
Jharkhand and the Police Administration of the District of Ranchi
to ensure proper and fair investigation in this case and the Police
Authorities should not shield the real culprits, if they have
participated in such incident taking place on 14.11.2024 when the
deceased Raja Paswan was brutally assaulted by the group of
people, whose names has been taken by the i.e. appellant-Sahil
Ansari [in Cr. Appeal (SJ) No.198 of 2025] and the appellant-Irfan
Ansari [in Cr. Appeal (SJ) No.269 of 2025] in their confessional
statement recorded at para-82 and 87 of the case diary.
86. It is surprising that the Authorities of BIT MESRA
University have not erected its full boundary wall despite several
high dignitaries visit there and they are well known to the State
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Administration in the entire State of Jharkhand. It will be desirable
that the State Authorities including the Police Administration
should consider the need of the College campus of the BIT
MESRA University in erecting its boundary wall, as it would be
allow the outsiders to enter from any corner of the College then the
students residing in the Hostels during night hours and even during
the College hours are exposed to both the external and internal
dangers to their life. Hence, the State Authorities may keep this
fact for consideration.
87. Article 21 is the Right to Live is a fundamental right
guaranteed under the Constitution of India and this right to live
cannot be taken away by the negligence and administrative
failure of the concerned College Authorities or State Authorities
concerned and there should not be any gap or casual approach.
88. Hence, in view of the hardships of the parents and cold
response of Management as well as State Authorities, this Court is
of the view that the following guidelines may be necessary in the
interest of justice for the whole State of Jharkhand and some of
them are guidelines which may be adopted by the Government
College Authorities as well as Private College Authorities with the
support of Local Administration and State authorities of the State
of Jharkhand, as follows:-
(i) All the institutions shall maintain list of Hospitals
and they are tie up with good Private hospitals as
well as Government Hospitals for treatment in
emergency with respect to any candidate/student
in the whole State of Jharkhand with having
Ambulance facilities to be taken from College to
Hospital or from Hospital to College for to and
fro movement.
(ii) There must be a Medical Dispensary/Clinic in all
the schools/Colleges with one male doctor and
one female doctor having capacity of up to 500 to
1000 students in Hostel in case of need an63
2025:JHHC:23580emergency with medicine kits and lifesaving
necessary medicines.
(iii) All the Engineering Institutions and Technical
Institutions must have at least two male doctors
and two female doctors with sufficient numbers of
nurses and para medical staffs to support them
and having proper medical clinics with first aid
medicines and medicinal kits which may have
capacity of Boarding students/Hostels having
capacity of 1000 to 3000. The name of doctors
and their mobile numbers and the name of
hospitals must be displayed by the concerned
Colleges at their notice board of all the class
rooms or at any appropriate places in the campus
of Colleges.
(iv) Necessary security including private personnels
must be maintained by all the College institutes in
their premises so that no anti-social elements may
come inside the College particularly in
Government Colleges/Private Colleges.
(v) All the Colleges must have CCTV Camera inside
and outside the class rooms and at the main door
of hostels to catch the image of students who are
indulged in wrong practices of ragging,
assaulting the students.
(vi) All the Colleges must have CCTV in sufficient
numbers outside the College campus so that they
may watch the entry and exit of person outside the
campus, if they have apprehension of any anti-
social elements and for the purpose of security
also, as to whether some person is regularly
watching the College or mob and also they should
watch the students.
(vii) All the Colleges should have grievance cell and a
team of Monitor students to maintain the
coordination between the needy students and the
College Administration and all students must be
aware of the name of Monitor and the Nodal
Officer for redressal of their grievances.
(viii) All the Colleges/institutes must create a website
or portal for redressal of grievances of the
students as well as parents, in case the student is
not able to approach the Vice-
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Chancellor/Registrar and which should be
monitored by the staff of Vice Chancellor and
Registrar of the Universities/Colleges.
(ix) The Colleges must maintain the security system
for movement of the students by preparing the
necessary SOP as per own wisdom but for the
safety of the students without causing them undue
hardship to enforce the discipline.
89. Therefore, this Court directs the Principal Secretary,
Higher Technical Education, Govt. of Jharkhand and Director
General of Police, Govt. of Jharkhand to prepare a
comprehensive SOP for the entire Engineering and Medical
Colleges and all the Technical Institutes imparting Graduate
Degree and Post-Graduate Degree and Diploma to the students
to prepare SOP by keeping Medical Dispensaries/Medical
Hospital in the College premises near the hostel so that they
may be able to get the timely treatment in case of emergency or
need of an hour or for any other medical exigency or
requirement. Apart from this, they should also prepare SOP for
the entire Technical Institutes, Medical, Engineering and
Technical Institutes, MBA Colleges imparting education, having
hostel facilities of boys of more than one thousand in number
and also impress upon the Deemed Universities like BIT
MESRA and other deemed Universities or the Colleges to have
tie-up with the local administration and the reputed Government
Hospitals as well as private Hospitals in the State or the
concerned Districts where such Colleges are situated and
running. The College authorities should also frame SOP in the
light of the UGC guidelines by preventing anti-ragging or any
kind of ragging in the entire State and should follow the UGC
guideline of the year, 2009 and also the judgment of Hon‟ble
Supreme Court of India reported in the case of Amit Kumar and
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others vs. Union of India and others reported in 2025 SCC
OnLine SC 631.
90. This direction is issued for implementing the direction of
this Court to whole State of Jharkhand.
Let a copy of this order be sent to the Chief Secretary,
Government of Jharkhand, Principal Secretary, Higher
Technical Education, Govt. of Jharkhand, Principal Secretary,
Secondary Education and Director General of Police, Govt. of
Jharkhand for the needful and who may communicate the same
to all the Deputy Commissioners and the Senior Superintendent
of Police/Superintendent of Police of the district concerned.
91. Thus, all the above appeals i.e. Cr. Appeal (SJ) No. 149 of
2025, Cr. Appeal (SJ) No.198 of 2025, Cr. Appeal (SJ) No.269
of 2025 and Cr. Appeal (SJ) No.364 of 2025 are, hereby,
dismissed with the observations and directions as mentioned
above.
(Sanjay Prasad, J.)
Saket/-
AFR
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