SUNIL TIRKEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Death Reference No. 2/97 (R) and the Criminal Appeal No. 103/97 (R) we taken up together as both relate to a judgment of conviction both recorded by Sri Pradeep Kumar, Addl. Sessions Judge, Gumla, in Sessions Trial No. 177 of 1995 and thereby and thereunder Sunil Tirkey and Benjamin Minj were found guilty under Section 302/34 of the Indian Penal Code and as against them a death sentence was awarded and similarly these two appellants were found guilty also under Sections 396, 120B and 201, IPC, but no separate sentences were, awarded under these counts. Appellant Prakash @ Kahto Oraon, Julius Bara and Sunil Minj were found guilty under Section 302/34 and also under Section 396, IPC and they were sentenced to undergo imprisonment for life under both the counts separately, but no separate sentence was recorded under Section 201, IPC and it was ordered that both the sentences will run concurrently. For the reason that aforesaid two appellants were awarded death sentence, so a reference was made by the trial Court for confirmation of their death sentence by this Court. This common order will dispose of this death sentence reference and also the appeal preferred by these five appellants.

(2.) THE prosecution case, in short, is that in Pinjra Deepa there was establishment of a Church and also the missionaries used to run a school with provision for residential hostel for the students known as St. Joseph School which is at a distance of 5 kms. from Palkot police station. In that very premises, the Priests connected with the Mission also used to reside and also sisters managing the school got their residentiaf accommodation. It has been alleged that in the night of 1/2 September, 1994 at about 12.45 a.m., the cook of the school Sushnna Baghwar and an employee Kalyan Minj informed Sister Anjela that some dacoits in that night entered in the dwelling premises of father Lawrence Kujur. Father Joseph Dungdung and Brother Anup Amar Indwar and committed their murder. Immediately on getting this information, the informant along with other sisters had gone to the residential place of these Fathers and Brother and found the main door fastened with grill open and some of the panes broken and when they entered, they found a box of Brother Anup Amar Indwar open and all the articles were scattered here and there. In the meantime some of the students residing in the hostel also came and when they entered in the uarandah, they found the dead body of senior Father Lawrence Kujur and Brother Anup Amar Indwar lying on the ground in a pool of blood and when they entered into the connected room, they found the articles scattered and dead body of another Father Joseph Dungdung was lying there in a pool of blood. They also detected two live bombs in that very bungalow at two different places and the Yamaha motorcycle belonging to the senior Father was missing and it was suspected that the dacoits had taken away this motorcycle besides other articles. On inquiry from the students and the employees, the informant could learn that about 10 12 dacoits came in the night and they exploded bombs and they also heard the sound of the Fathers and they also heard a vehicle escaping away immediately after the commission of the dacoity. However, the informant Sister also alleged in the FIR hat on previous day, that is, on 31.8.1994 one Ajit Kiro who was a student of the school was continuously absenting for about two months. So there was a meeting in which all the three deceased Father and Brother participated and it was decided that he should be expelled from the school and he will not be allowed to remain in the Hostel. This caused annoyance to Ajit Kiro and he was very angry for his expulsion.

(3.) INITIALLY as nobody had seen the occurrence, so only there was suspicion that outsider dacoits in order to have gains committed this heinous offence. But as there was some suspicion as against Ajit Kiro due to his expulsion from the school, a day before the occurrence the police on suspicion apprehended Ajit Kiro on 5.9.1994 and then on 6.9.1994 another appellant Sunil Tirkey was apprehended and he made a confession that as many as 7 persons participated in this occurrence and on his confessional statement, blood stained cloths were recovered from his house. In due course, the other appellants were also apprehended and from their confessional statements, blood stained clothes, the weapons used and concealed by the accused persons were also recovered in presence of the witnesses and further when the investigation proceeded in that line, then some of the school students residing in the hostel and, particularly, in Room No. 1 of the hostel, also gave statements showing the participation of some of the appellants in this occurrence. The police after completing the investigation submitted charge sheet as against all these five appellants and one Ajit Kiro and further one of the suspects Bandhu Thakur could not be apprehended and so he was declared as absconder.