Joymalya Bagchi, J. - (1.) The appeals and the death reference are taken up for hearing analogously and are being disposed of by this common judgment and order.
(2.) The appellants are the members of Munda community under the Scheduled Tribe category residing at Dubrajpur and Haridaspur villages in the district of Paschim Medinipur. Labouring under the unfounded superstition that three women, namely, Sambari Singh, Fulmani Singh and Sombari Singh (hereinafter referred to as 'the victims') belonging to their community were 'witches' and due to their evil spell death and other misfortunes had befallen their community, a meeting was organized on 16.10.2012 at noon at Dubrajpur village under the leadership of one Thoba Singh (an absconding accused). The meeting was attended by Ganesh Singh, Sani Mandi, Bablu Singh and others. In the meeting the victims were declared as 'witches' and a sum of Rs.60,000/- was demanded as fine. As they failed to pay, the victims were assaulted indiscriminately with fists, blows and kicks. Laxmikanta Singh (P.W.1), husband of Sambari and his family members requested the villagers not to assault them. Thereupon they were threatened and the victims were dragged away by the appellants and others towards river Kangsabati and could not be traced for the night. On the next day, that is, 17.10.2012 P.W.1 came to know that the victims had been killed and their dead bodies buried in the banks of the river Kangsabati. P.W.1 lodged complaint at the Police Station resulting in Daspur Police Station Case No.171/12 dated 17.10.2012 under sections 147/148/302/201/506 of Indian Penal Code (for short 'I.P.C.'). Inquest was held over the dead bodies of the victims by the police officer as well as Magistrate. Post-mortem was also conducted over their dead bodies. In conclusion of investigation, charge-sheet was filed against forty-nine accused persons. Sixteen accused persons were arrested whereas thirty-three including Thoba Singh absconded. They were declared proclaimed offenders and the case was committed to the court of sessions and transferred to the Court of Additional Sessions Judge, Ghatal for trial and disposal. Charges were framed against the appellants and other accused persons under sections 147/148/149/302/201 of I.P.C. In the course of trial, two of the accused persons, namely, Biswanath Singh and Budhan Singh expired and the case was dropped against them. During trial, Bhaku Singh and Rabin Singh (being appellants in CRA 380 of 2016) were arrested and charges were framed against them. Subsequently, Jopa @ Sukumar Singh and Ganesh @ Thakur Singh and Ganesh Singh @ Bhula were arrested and put on trial.
(3.) In the course of trial, prosecution examined fifteen witnesses and exhibited a number of documents. Defence of appellants is one of innocence and false implication. In conclusion of trial, the trial Judge by judgment and order dated 13.5.2016 and 16.5.2016 convicted Sani Mandi, Bhaku Singh, Rabin Singh, Mangal Singh, Nura Singh, Somai @ Samai Mandi and Kali Singh (appellants in Criminal Appeal No.380 of 2016) for the offence punishable under sections 147/302/149/201 of I.P.C. and sentenced them to death. With regard to the appellants, in Criminal Appeal No.381 of 2016, namely, Chhabi Singh, Chandmoni Singh, Panchami Singh, Kuni @ Kuri Singh, Lakshmi Singh and Jayanti Singh @ Joyeti, the trial Judge convicted them for the offence punishable under sections 147/302/149/201 of I.P.C. and sentenced them to suffer rigorous imprisonment for life each and to pay a fine of Rs.60,000/- each, in default to suffer further rigorous imprisonment for one year each for the offence under sections 302/149 of I.P.C. No separate sentence was awarded against them for the offence punishable under sections 147/201 of I.P.C.;