SUNIL ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In a judgment running across Fifty-nine pages, the learned Sessions Judge, Lohardaga has held that Bandi Bhagtain, Chinta Devi, Phuldeo Bhagat, Gauri Devi and Parmeshwari Devi are truthful and reliable witnesses. They have identified Sunil Oraon, Sakra Oraon, Jage @ Jageshwar Oraon, Kali Munda and Deonath Oraon in the Court as the persons who had intruded into the house along with unidentified extremists and forcibly abducted Bishun Deo Bhagat @ Vishnu Deo with an intention to murder. Observing that the investigation in the case was conducted in the most perfunctory manner but it would not affect the prosecution case a bit and that failure of the prosecution to hold Test Identification Parade was a mere lapse during the investigation, the learned trial Judge has held that the prosecution has proved the charges under Sec. 302/149, 364/149 and 148 of the Penal Code, 1860 (in short, IPC) against Kali Munda, Sakra Oraon, Jage @ Jageshwar Oraon and Sunil Oraon. The learned trial Judge has held that the accused persons cannot be prosecuted for the charge under Sec. 27 of the Arms Act for want of necessary sanction and the charge under Sec. 17/18 of the Criminal Law Amendment Act besides being vague was not proved by the prosecution. The learned trial Judge has further held that the prosecution witnesses did not identify Mathia Oraon, Deothan Oraon, Paltu Oraon and Bhonu Oraon in the dock and, therefore, they are entitled to be acquitted.

(2.) In S.T. No. 187/2006 with S.T. No. 05/2007, the appellants have been convicted and sentenced under Sec. 148 IPC for S.I for six months and a fine of Rs.2000.00 each and R.I for life and a fine of Rs.5000.00 each, on each count under Sec. 302/149 IPC and 364/149 IPC, with a default stipulation to undergo S.I for six months.

(3.) It was one evening in the autumn of 2005, at around 07 : 30 PM, Bishun Deo Bhagat was sleeping in his room. Around that time his wife was cooking food and his mother, brother and sister were sitting in the courtyard. Deonath Bhagat on the pretext that his friends have come to meet him asked his wife to open the door. With two unknown persons he entered the house and inquired about Bishun Deo Bhagat and in the meantime 7-8 unknown persons carrying guns and rifle came inside the house and started searching for Bishun Deo Bhagat. They caught him in the room, dragged in the courtyard and tied his hands with a towel (gamchha). The wife, mother and sister of Bishun Deo Bhagat started begging to the accused persons but they pushed them inside, locked the doors and took away Bishun Deo Bhagat. When they raised hulla Gauri Devi came and opened the door. They started searching for Bishun Deo Bhagat but could not find him and in the morning his dead body was found lying near Makandu More with firearm injuries. Near the dead body an empty cartridge and a letter written on behalf of Communist Party of India (Maowadi) were found. Parmeshwari Devi gave her fardbeyan at about 09 : 15 AM on 19/9/2005 at Makandu More and on that basis Kuru P.S. Case No. 106 of 2005 was lodged under Sec. 147/148/149/323/326/302/364 IPC, Sec. 27 of the Arms Act and Sec. 17/18 of the Criminal Law Amendment Act, against 15-20 unknown extremists. In her fardbeyan the informant raised a suspicion against Sunil Oraon, Jageshwar Oraon, Kali Munda and Deonath Bhagat who had a grudge against her husband. They were on inimical terms with Bishun Deo Bhagat and had connections with the extremists. The informant expressed a doubt that these persons with the help of the extremists have murdered her husband and claimed that she can identify them, some of whom were in plain clothes and some in fatigues.