RUPO ALIAS RUPA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal from Jail. The appellants are Rupo Rupa Hembram, his wife Phulmani Hembram and their son and daughter Kamal Hembram and Rani Hembram. They were tried as the accused in Sessions case No. 71 of 1983 under sections 302/34 of the Indian Penal Code. They were convicted and sentenced to imprisonment for life by Shri N.K. Saha, the learned Second AddI. Sessions Judge of Birbhum. Hence this appeal.

(2.) The prosecution allegation against the present 4 appellants appears to be the following: The appellants are residents of village Laghata Majhipara within police station Lavpur, District-Birbhum. Moral Majhi the deceased and his wife Rani Molvani (P.W. 3) were their neighbours. Somai Murmu (D.W. 1) is the Jan Guru (Witch Doctor) of the Santhals who also lives at Laghata and his ThanT (religious place) is attached to his house. This Jan Guru proclaimed Rani Molyani the wife of the deceased Moral Majhi as a Dan (Witch). On 10.1.1981 Moral went to the field for working on his own land and Rani went to Lavpur Hat. The present 4 accused went to the house of Hurko, the brother of Moral situated at Cinematala of Lavpur, about half a mile away from Laghata. There they enquired after Rani and being told that she was not there, they went away. Subsequently they went to the field, met Moral and with him again went to the house of Hurko (P.W. 1). They requested Hurko to go with them but the latter excused himself. Thereafter the 4 accused left the house of Hurko with Moral for Laghata. On the way at a spot situated at a distance from the house of Hurko they pushed down Moral and while the father and son held the legs and the head of Moral, the mother and the daughter beheaded him with sharp cutting weapons. Thereafter they left for their home with the severed head of Moral. They placed the head and weapons on the. Than of the Jan Guru before carrying them home with them.

(3.) The assault on Moral was seen by Dasi (P.W. 10) the daughter of Hurko and 2 other women from the roof of a house at Cinematala. Dasi ran back home and informed the inmates of her house about the incident. Hurko, his wife Sundari (P.W. 17) and their sons Ratan and Sukul Mukul (P.Ws. 22 and 23) immediately ran towards the place of occurrence. At their sight the 4 accused ran away from the place with the severed head of Moral. Reaching the spot Hurko and others saw the headless trunk of Moral lying on the ground.