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Jharkhand High Court Commutes Death Penalty in Pakur SP Ambush Case After Split Bench Opinion Creates Uncertainty on Conviction

Shivam Y.

Jharkhand High Court commutes death sentence in Pakur SP ambush case citing split bench doubt. Detailed court ruling and observations on life imprisonment. - State of Jharkhand vs. Sukhlal & Sanatan Baski

Jharkhand High Court Commutes Death Penalty in Pakur SP Ambush Case After Split Bench Opinion Creates Uncertainty on Conviction

Ranchi, December 8 - In a tense courtroom at the Jharkhand High Court, the air felt heavy as Justice Gautam Kumar Choudhary read out the final order concerning the deadly 2013 Maoist ambush that claimed the life of SP Pakur Amarjit Balihar and five police personnel. Families of the fallen officers quietly watched from the gallery, hoping for closure after years of legal battle.

Read in Hindi

What unfolded was not the outright confirmation of the death sentence that many expected.

Background

The incident, as the court recorded, happened on July 2, 2013, when SP Balihar’s security convoy was ambushed near Jamni and Amtala forest. Gunfire erupted from a Maoist group allegedly belonging to the MCC faction.

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The attack was brutal vehicles shredded with bullet holes and six policemen martyred on the spot or shortly after due to gunshots. Firearms, ammunition, and even the SP’s bulletproof jacket were looted from the scene.

Police later arrested multiple accused. After a long trial, only two - Sukhlal (also known by several aliases including Pravir Da) and Sanatan Baski (Tala Da) - were convicted and handed the death penalty by the trial court for murder, terrorism-linked offences, and looting of state weapons.

Their appeals, along with the State’s death reference, reached a Division Bench.

But then came the twist.

One judge pushed for acquittal citing doubts over identification of the shooters. The other judge insisted the prosecution proved the case beyond all reasonable doubt and wanted the death sentence confirmed.
This deadlock triggered a fresh hearing before Justice Choudhary under a special provision of the Criminal Procedure Code.

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Court’s Consideration & Observations

Justice Choudhary revisited the credibility of the eyewitnesses primarily three injured personnel who survived the ambush. They testified that the attackers called out each other’s names during firing, helping identification later in court. The judge noted that during life-or-death situations, “a wounded officer’s senses sharpen,” making their memory unlikely to be invented afterward.

“The attack,” the court observed, “was not merely upon the police force, but upon the sovereign authority of the State exercised through its law-enforcement agencies.”

The bench added that the entire episode was undoubtedly a pre-planned and cold-blooded operation aimed at shocking the State machinery.

Even so, conviction for conspiracy was set aside as no solid evidence showed the accused planned the attack beforehand. And the court found the trial court wrong in using a legal section meant for absent abettors when the accused were allegedly present at the spot.

There was no dispute:

  • The ambush occurred.
  • The SP and his team were killed.
  • Police weapons were looted.
  • The two appellants were part of the extremist squad.

The real sticking point was whether this met the legal standard of “rarest of rare” death penalty cases without any doubt.

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Decision

This is where the judgment took a turn. Justice Choudhary said the earlier disagreement between two High Court judges was a “significant mitigating factor”, adding:

“It will not be proper to confirm the death sentence.”

Thus, the court rejected the death reference.
The death sentence for both men was commuted to life imprisonment, with a small fine imposed as per law.

The conviction for multiple other offences including the murder of police officers, attempt to murder, and offences under the Arms Act remains intact. Their life sentences are to run concurrently, bringing the long-running case to a close inside the High Court.

And with that, the judge pronounced:

Government’s appeal for death confirmation dismissed. Criminal appeals dismissed with modification in the sentence.

Case Title:- State of Jharkhand vs. Sukhlal & Sanatan Baski

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