STATE OF ORISSA Vs. RANJAN SINGH

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 (F.T.C. -II), Balasore on the basis of charge under four different heads, i.e. Sections 148/302/149, I.P.C. and Sections 201/149, I.P.C., 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, I.P.C. for committing offence of murder on two counts. Learned Trial Court, vide judgment dated 18.02.2012, found Ranjan Singh guilty of the offence under Section 302, I.P.C. on four counts for committing murder of Tia Singh, Surin Singh, Budhini Singh and Sambari Singh and also under Section 201, I.P.C. for causing disappearance of evidence and convicted him thereunder. Other twenty -one accused persons were acquitted of the charge. Vide order of sentence dated 24.02.2012, 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 : On 27.08.2007, one headless dead body of a female was found trapped in between two spurs situated in the bank of river Suna and in that connection Ayodhya Out -Post Case No.143 of 2007 was registered. The dead body however could not be identified. On 29.08.2007 another headless dead body of a male was traced floating in river Suna near Bharipur under Remuna P.S., and in that connection Remuna P.S. Case No. 99 of 2007 was registered. On the same day, another (third) headless dead body of a female was found floating in river Budhabalanga near Totapal under Balasore Sadar P.S. and in that connection Balasore Sadar P.S. Case No.172 of 2007 was registered. After post -mortem examination, the headless dead bodies were preserved for identification. The police administration while beating about the bush, could only suspect that all the recovered headless dead bodies might have been connected to one case. In course of investigation, police came to know that the offence was committed at Pratappur village under Nilagiri P.S. All the cases were tagged together and the C.I. of Police, Nilagiri (P.W.29) was entrusted with the charge of investigation of the case. On 31.08.2007 appellant Ranjan Singh and some of the acquitted accused persons namely Anjan Singh, Narottam Singh and Suvendu Satpathy were arrested. Appellant Ranjan Singh, while in police custody, confessed his guilt and led to recovery of the severed heads of four deceased persons packed in a gunny bag from river Suna. The three headless trunks (dead bodies) with their corresponding severed heads and the severed head of the fourth deceased (whose trunk could not be found) were identified by their respective relatives. It came to light during investigation that son of acquitted accused Siba Singh died of snake bite. Suspecting his death to be result of sorcery, appellant Ranjan Singh, who happens to be the nephew of aforesaid Siba Singh, along with acquitted accused Muna Singh and Sambhu Singh called a meeting in village Pratappur on 24.08.2007 evening. All the deceased persons, some of their family members and other villagers were there in that meeting. The deceased persons were confronted about practice of sorcery by them. When they denied, they were assaulted by all the accused persons (charge -sheeted). In course of such assault, appellant Ranjan Singh dealt a blow to the neck of deceased Budhini Singh by a 'Kata and beheaded her instantly. In similar fashion, he also beheaded deceased Surin Singh. Witnessing such a ghastly scene, the villagers left the meeting place. Then accused persons, namely, Sambhu Singh, Muna Singh, Kala Singh, Shyam Sundar Singh, Tuna Singh along with appellant Ranjan Singh packed the dead bodies of deceased Surin Singh and Budhini Singh in a gunny bag and proceeded towards river Suna flowing nearby their village. Other two deceased persons, viz. Tia Singh and Sambari Singh were asked to follow them. They had no other choice but to follow them. On the way, accused Muna Singh dealt a blow to the neck of deceased Tia Singh by a 'Kata and beheaded her. On the river bank, Sambari Singh was also beheaded with a 'Kata by another accused Sambhu Singh. Thereafter, they threw away the weapon of offence ('Kata) and the trunks of the deceased persons into river Suna. They also packed the severed heads of the deceased persons in a gunny bag, put sand into the gunny bag to add weight to it, then tied the gunny bag and threw away the same into the river water. After the incident, none including the relatives of the deceased persons who were present in the meeting, dared to disclose the incident before anybody. The crime however came to be detected in the manner as discussed supra. The C.I. of Police, Nilagiri (P.W.29), on completion of investigation, filed charge -sheet against all the accused persons implicating them in offence punishable under Sections 147/148/302/201/149, I.P.C. showing two of the accused persons, viz., Dasara Singh and Kala Singh as absconders.

(3.) LEARNED Trial Court, on the basis of recovery of the severed heads of the deceased persons at the instance of appellant Ranjan Singh, held the appellant Ranjan Singh guilty of the offence under Section 302, I.P.C. on four counts and also found him guilty under Section 201, I.P.C. He was accordingly awarded death sentence.