- (1.) THE appellant Ramjeet Oraon @ Heera Panna was put on trial along with Puncham Nagesia and Ulfat Ansari on the accusation of committing murder of one Kunal Singh in furtherance of their common intention and also for committing offence under sections 3(2), 20 and 22 of the Prevention of Terrorism Act, 2002 (POTA). The Trial Court while acquitting the other two accused persons convicted this appellant under section 302/34 of the Indian Penal Code and also under sections 3(2), 20 and 22 of the POTA, vide judgment dated 13.09.2010 and sentenced the appellant to undergo imprisonment for life for each of the offences under sections 302/34 of the Indian Penal Code and also under section 3(2) of the POTA and to pay a fine of Rs. 3000/ - for each of the offence with default clause. Further, the appellant was sentenced to undergo imprisonment for 7 years and 10 years for the offences under sections 20 and 22 of POTA respectively and to pay a fine of Rs. 2000/ - for the offence under section 20 of POTA with default clause.
(2.) THE case of the prosecution is that on 07.02.2002, the informant, Amiya Kumar Gupta @ Sita Ram Gupta -P.W. 1, came to the house of the deceased Kunal Singh along with Ajay Singh, Chotu Oran - P.W. 12 and Kayamuddin Ansari -P.W. 10 and Phidu for making payment of the wages to several labourers, who had been engaged in constructing a culvert, job of which had been assigned to the contractor Kunal Singh (deceased). The construction work was being looked after by the informant P.W. 1 -Amiya Kumar Gupta and also by Ajay Singh. After disbursing the wages to the labourers, they started cooking food. Meanwhile, 20 to 25 miscreants, members of a banned organization came to the house of Kunal Singh (deceased) in search of him. They by applying the force got the door opened and entered into the house and started subjecting the informant and others to assault. The miscreants took all the persons including the deceased out of the house and then asked the deceased as to why in spite of being told not to do work, were doing the construction work. The deceased gave explanation for doing the work but it was not acceptable to the miscreants. Thereupon, they took the informant Amiya Kumar Gupta -P.W. 1, Ajay Singh (not examined) and the deceased Kunal Singh to Khalihan where the miscreants shot dead Kunal Singh. Thereupon, the miscreants after holding out threat to them left the place. Thereupon, the information to this effect was given to Head Quarter at Lohardaga telephonically and also to Senha Police Station. Superintendent of Police, Lohardaga on getting such information passed it on to Prasanna Kumar Khalkho -P.W. 8, posted at relevant point of time as Dy. S.P. On getting such information P.W. 8 came to village Hesway along with other police officials where he got the fardbeyan (Ext. 1) of the informant recorded.
(3.) ON the basis of said fardbeyan a formal FIR (Ext. 5) was drawn. P.W. 8 himself took up the investigation of the case, during which he held inquest on the dead body of the deceased and prepared an inquest report. Thereupon, the dead body was sent for postmortem examination which was conducted by Dr. Hemant Kumar -P.W. 23, who upon holding autopsy on the dead body did find the following injuries: Injury No. 1. -Wound of entrance and wound of exit. (a) Wound of entrance - About 1/2" x 1/2" size on right zygomatic prominence of face about 1 and 1/2" lateral to right eye, shape was circular, margin was inverted. There was blackening of skin around margin. (b) Wound of Exit - About 4" x 3" size on left side of upper neck and left occipital region, shape was irregular, margin was inverted. On Dissection -There was laceration of underlying muscles, vessels, fracture of left zygomatic bone, with laceration of vessels, fracture of occipital bone with laceration of oesophagus and brain. Blood cot was found present. Injury No. 2 - Fire arm wound - (a) Wound of entrance - About 1/2" x 1/2" size on right side of face 1" below injury No. 1. Circular in shape, margin was inverted. There was blackening of skin about margin. (b) Wound of exit -About 1 and 1/2" x 1/2" size on left zygomatic prominence of face. Shape was irregular, margin was inverted. On Dissection - There was laceration of underlying muscles and vessels were found. At the same time fracture of left zygomatic bone was there. Injury No. 3 -Incised wound - size 1" x 1/4" x cartilage deep over right pinna. Injury No. 4 - Incise wound - Size 3/4" x 1/3" x 1/4" over left buttock. Injury No. 5 - Incise wound - Size 3/4" x 1/2" x 1/4" over right thigh above knee. Injury No. 6 - Multiple bruises - Size varying from 3" x 1" to 1" x 1/2" over right and left shoulder and right upper chest. Doctor issued the postmortem examination report (Ext. 9) with an opinion that the death was caused on account of shock and hemorrhage due to injury Nos. 1 and 2 caused by fire arm whereas, injury Nos. 3, 4 and 5 were caused by sharp cutting weapon and injury No. 6 was caused by hard and blunt substance.;