- (1.) CRIMINAL Appeal (DB) No. 498 of 2003 has been filed by one Birsa Oraon, son of Late Ropa Oraon, which according to the latest report submitted by learned State Counsel, has already been released from jail after serving the entire substantive sentence including the remission part. So far as Criminal Appeal (DB) No. 1615 of 2006 is concerned, it was initially filed by Bimta Oraon @ Bipta Oraon, son of Late Chepuwa Oraon, another Birsa oraon, son of Late Chara Oraon and Narayan Mahto, son of Billu Mahto, who has died during the pendency of the instant appeal on 25.1.2010, whereas Birsa Oraon, son of Chara Oraon is stated to have died subsequently in jail on 19.1.2013 and Bimta Oraon @ Bipta Oraon has also been released from jail after serving his entire substantive sentence. Thus, the present two appeals survive qua Birsa Oraon, son of late Ropa Oraon, appellant in Criminal Appeal(DB) No. 498 of 2003 and Bimta Oraon @ Bipta oraon, son of late Chepuwa Oraon, appellant in Criminal appeal(DB) No. 1615 of 2006, which require their disposal on their individual merits.
(2.) THE accused - appellants herein faced trial for the offence under Section 302/34 of the Indian Penal Code for committing murder of Sanu Oraon in furtherance of their common intention. They also faced trial for the offence under Section 436 of the Indian Penal Code for causing mischief by fire with intent to cause destruction of the house of the deceased Sanu Oraon. Being convicted for the aforesaid offences, they were sentenced to undergo R.I. for life imprisonment under Section 302/34 of the I.P.C. and further sentenced to undergo R.I for 10 years under Section 436 of the I.P.C. However, both the sentences were to run concurrently. Hence, they are in appeal before this Court.
(3.) THE fardbeyan of the instant case was lodged on 2.5.1999 at around 12 p.m. by the informant, Budhram Oraon, P.W.6 alleging that at about 7p.m. on 1.5.1999, while father of the informant was at the door of his house, Birsa Oraon, Sanjay Oraon, another Birsa Oraon and Bimta Oraon and Narayan Mahto came to his house and started abusing his father, Sanu Oraon calling him witch. His father thereafter, in retaliation assaulted them with tangi due to which Birsa Oraon sustained injury on the palm of his left hand and Sanjay Oraon sustained injury on right hand elbow, Bimta Oraon and Narayan Mahto also sustained injury. On intervention of his wife, the accused went away to their house. However, at around 8 p.m. the accused came back to his house when his wife, mother and children were sitting at the door of the house and his father was inside. The accused persons set the house on fire by sprinkling kerosene Oil. Upon this when his father came out, the accused persons assaulted him with lathi, danda and killed Sanu Oraon and threw his body inside the burning house which got reduced to ashes and only some bones and fleshes were left in the place of occurrence. His belongings also got destroyed in fire. As per the informant, the cause behind the occurrence is that Sukhi Orain, wife of Birsa Oraon and one Sanjay Oraon were ill for 20 -25 days and 4 -5 days respectively, which they suspected to be on account of witch craft practiced by the informant's father, Sanu Oraon. On institution of formal F.I.R the investigating concluded in submission of the charge -sheet against the accused persons and the case was committed to the Court of Sessions for trial. The accused pleaded not guilty when the charges were read over to them and the trial commenced. The prosecution has altogether examined 7 witnesses, out of whom P.W.3, Doctor Ram Sevak Sahu is the Medical Officer in the Department of forensic Medicine in R.M.C.H. Ranchi, who examined the bones seized in the instant Sesai P.S. Case No. 38 of 1999 in respect of the skeleton remains of the deceased through a Constable. On examination, P.W.3, doctor opined that 32 bones pieces were consistent with human anatomy belonging to human origin. However, he was unable to comment on its sex neither could comment upon the age, cause of death and time since death. The report sent to the Court is marked as Ext.1. P.W.7, Harinandan Singh is the Investigating Officer of the case, who had gone to village Puso along with Officer In -charge, Harish Chandra Paswan on hearing information that a person was burnt in village Kurkupi Mahua Toli. The Officer In -charge had recorded the statement of the Informant - P.W.6, Budhram Oraon in his own handwriting, which was marked as Ext.4 and his signature was marked as Ext.4/1. The formal F.I.R is marked as Ext.4/2 and signature on the same by a Sub -Inspector is marked as Ext. 4/3. P.W.7, the Investigating Officer is stated to have examined the place of occurrence and found the whole house burnt with remains of bones and flesh which were seized in presence of two independent witnesses. The carbon copy of the inquest report was also marked as Ext. 5. He had sent the flesh and bones remains to R.M.C.H, Ranchi for examination under the orders of learned C.J.M. He also had recorded the statement of Saria Devi, Most. Birso Devi, Mangra Oraon, Dukhia Oraon and Mahesh Lohra. No sketch map of the place of occurrence was however prepared by him. P.W.1, Charia Devi, daughter -in -law of the deceased, Sanu Oraon, P.W.2, Birso Devi, wife of the deceased and P.W.6, Budhram Oraon, son of the deceased and informant in this case are said to be the eye witnesses to the said occurrence. P.W.6, Budhram Oraon has given the narration of the story as made out in the F.I.R of the initial abuse by the accused persons namely Birsa Oraon, Sanjay Oraon, Bipta Oraon, Birsa Oraon and Narayan Mahto on his father calling him witch where after he had assaulted the accused with tangi. This was followed by the accused persons coming back armed with lathi , balua and Kerosene Oil which was sprinkled upon his house and set on fire. He further deposed that when his father came out of his house he was assaulted with lathi and balua and was thrown into the burning house which ultimately was reduced to ashes along with the mortal remains of the deceased father with only part of some bones and flesh remained there and seized by the Police. He has also deposed about the motive behind the occurrence that Sukhi Oraon wife of Birsa Oraon and Sanjay Oraon were suffering from illness for certain period which they thought was a result of the witch craft practiced by his father. P.W.1, Charia Devi also called herself to be the eye witness has stated on entering the witness box that the accused persons namely Birsa Oraon, Sanjay Oraon, Bipta Oraon, Birsa Oraon and Narayan Mahto came armed with lathi and balua and after calling her father -in -law a witch started assaulting him and then after sprinkling Kerosene Oil over the house, set the house on fire. Thereafter, they threw her father -inlaw, Sanu Oraon inside the burning house . She has also stated about same motive behind the acts of the accused/ appellants. P.W.2, Birso Devi has also stated the same story as made out by the prosecution that the accused persons came to their house and assaulted her husband in the evening of the fateful day. They put the house on fire and when her husband come out of the house, they threw him inside the burning house. She is stated to have given the same cause for the crime that wife of Birsa Oraon namely Sukhi Orain and one Sanjay Oraon were suffering from illness, which they thought was due to the witch craft practiced by her husband, Sanu Oraon. She also stated that Birsa Oraon is her brother -in -law and there was no dispute of landed property. P.W.4, Dukhia Oraon has stated that the police came on the next day and had prepared the inquest report on which he had also signed. P.W.5, Mangra Oraon is also a hear say witness who claims to have been told about the occurrence by P.W.6, Budhram Oraon that the accused persons had assaulted the deceased -Sanu Oraon and burnt his house, however he was declared hostile.;