RANJAN SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Twenty-two accused persons including Ranjan Singh were tried in Sessions Trial Case No. 42/52 of 2009 by learned Ad-hoc Additional Sessions Judge (FTCII), Balasore on the basis of charge under four different heads, i.e. Sections 148/302/149, IPC and Sections 201/149, IPC, for committing murder of four persons namely Tia Singh, Surin Singh, Budhini Singh and Sambari Singh and for disposing of the dead bodies to screen themselves from punishment. Ranjan Singh was individually charged further under Section 302, IPC for committing offence of murder on two counts. Learned Trial Court, vide judgment dated 18.2.2012, found Ranjan Singh guilty of the offence under Section 302, IPC on four counts for committing murder of Tia Singh, Surin Singh, Budhini Singh and Sambari Singh and also under Section 201, IPC for causing disappearance of evidence and convicted him thereunder. Other twenty-one accused persons were acquitted of the charge. Vide order of sentence dated 24.2.2012, learned Trial Court passed order sentencing aforesaid Ranjan Singh to suffer death penalty. The death sentence reference by the State and Jail Criminal Appeal by the condemned prisoner Ranjan Singh are directed against the judgment and order of sentence passed by learned Trial Court in the aforesaid sessions trial.

(2.) A compendium of the prosecution case, as found from the record, is as follows:

(3.) Trial was taken up by splitting up the case of the absconding accused persons Dasara Singh and Kala Singh. Prosecution examined 29 witnesses to prove the charge against the accused persons. PWs 17, 20, 24, 25 and 26 are stated to be the eye-witnesses to the occurrence. PWs 23, 22 and 19 are the relatives of the deceased persons, who identified the trunks and the severed heads of the deceased persons. PWs 2, 5 and 8 are the witnesses to the recovery of three trunks on 27.8.2007 and 29.8.2007. PWs 9 and 18 are the witnesses to the inquest of the trunks and severed heads of the deceased persons. PW14 is an independent witness to the making of confessional statement by appellant Ranjan Singh and recovery of the severed heads at his instance on the basis of such confessional statement. PW21 is the photographer of the DFSL, Balasore, who videographed the entire proceeding under Section 27 of the Evidence Act, starting from confessional statement of appellant Ranjan Singh to the recovery of the severed heads of the deceased persons. PW12 is the Police Constable, who was engaged for search of the severed heads of the deceased persons in liver Suna after the statements made by appellant Ranjan Singh and he also recovered the severed heads of the deceased persons kept tied in a gunny bag from river Suna. PW13 is the Revenue Inspector, who had prepared the spot map. PW11 is the Executive Magistrate, in whose presence recovery of the severed heads of the deceased persons was made and he is also a witness to the inquest over the severed heads.