UDAY NATH ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant has suffered Judgment of conviction under Sec. 302/34 of the Penal Code, 1860 and order of sentence of R1 for life and a fine of Rs.10,000.00 for the said offence. The appellant was directed to pay Rs.50,000.00 by way of compensation to the wife of Mahadev Prasad Sahu, the deceased. However, the charges under Sec. 17 of the Criminal Law (Amendment) Act and Sec. 27 of the Arms Act have failed.

(2.) There was a period when a reign of terror was created by the Naxals, Maoists and other extremists in the State of Jharkhand MCC leader was acting like Maximilien de Robespierre of ha Terreur. That was the time when Mahadev Prasad Sahu was murdered. At around 10 : 00 AM on 16/5/2008 he left for Sisai but did not come back home in the night. Next day morning, Gandura Oraon and Chhedia Oraon who had accompanied him on 16/5/2008 came to his house and informed Ram Lakhan Prasad, his brother, that Uday Oraon and other extremists who had intercepted them on way to Sisai have killed Mahadev Prasad Sahu. In course of search dead body of Mahadev Prasad Sahu was found near Murli Talab on Bhandra-Semra road with several firearm injuries. There a motorcycle was found upturned and near his dead body empty cartridges were scattered. Mahadev Prasad Sahu was killed by MCC extremists because he was not paying extortion and in spite of previous warnings he did not stop work under MLA Fund. On the basis of fardbeyan of Ram Lakhan Prasad which was recorded at about 08 : 00 AM on 17/5/2008, Bhandra P.S. Case No. 18 of 2008 was registered under Sec. 302/34 of the Penal Code, 1860, Sec. 27 of the Arms Act and Sec. 17(11) of the Criminal Law (Amendment) Act against the appellant and five unknown persons and after investigation a charge sheet was filed against the appellant. During trial the prosecution has examined nine witnesses; the informant is PW-7. Murari Prasad Sahu, PW-3 is a seizure witness; Parmnand Mahto PW-4 and Bhuneshwar Prasad Sao PW-9 are inquest witnesses and Ganga Ram Banra PW-6 and Umesh Kumar Thakur PW-8 are the Investigating Officers.

(3.) PW-1, Gandura Oraon was working under Mahadev Prasad Sahu. He has deposed in the Court that in the morning of 16/5/2008 he stalled for Sisai with Mahadev Prasad Sahu and Chhedia Oraon on a motorcycle. Near Semra-Patra six unknown persons stopped them, one amongst them who was dressed in army fatigues was carrying a gun. He disclosed his name Uday Oraon and on his direction other extremists started beating them. Uday Oraon accompanied by another extremist took away Mahadev Prasad Sahu on a motorcycle and others brought them to a Bagicha (orchard) and tied them to a tree. At around 03 : 00 AM, they came back and Uday Oraon told his friends that "work has been done" (kam ho gaya). On his direction they again thrashed them and then set them free. They reached Barhi in the morning and narrated the incident to Ram Lakhan Prasad Sahu, elder brother of Mahadev Prasad Sahu. They started search for Mahadev Prasad Sahu and in the meantime Ram Lakhan Prasad Sahu received a phone call that a dead bod)' is lying near Murli Talab. There they found the dead body of Mahadev Prasad Sahu, a motorcycle and empty cartridges. He has seen fire-arm injuries on forehead, chest and leg of Mahadev Prasad Sahu. He has further stated that police arrived there, made enquiries from them and seized motorcycle, empty cartridges and a Parcha which was recovered from the pant pocket of the deceased. PW-2, Chhedia Oraon who was also accompanying Mahadev Prasad Sahu when he left home for Sisai along with Gandura Oraon has made similar statements in the Court. He has deposed that in the morning of 16/5/2008 he left for Sisai with Mahadev Prasad Sahu and Gandura Oraon via Sisai-Bhandra road and when they reached near Senha at around 10 : 00 AM six-seven armed-men intercepted them. One of the extremists who was carrying a rifle and wearing army fatigues declared that he was Uday Oraon, the area commander of MCC. He told them that on his orders they have been apprehended. He took away Mahadev Prasad Sahu on a motorcycle and other extremists tied them to a tree, about one kilometer inside the forest. At around 03 : 00 AM, Uday Oraon and the other one came back and told his associates that Mahadev Prasad Sahu was done to death. On instructions of Uday Oraon other extremists again assaulted them and then freed them. They reached village early morning and informed Ram Lakhan Prasad Sahu about the occurrence and in course of search they found the dead body of Mahadev Prasad Sahu near Murli Talab. He has seen fire-arm injuries on the head and chest of Mahadev Prasad Sahu, lot of blood on the ground and around the dead body a motorcycle and empty cartridges were scattered. He has stated that Mahadev Prasad Sahu was a contractor and he was working under him. PW-3, Murari Kumar Sahu is brother-in-law of Mahadev Prasad Sahu. In the morning of 17/5/2008 he got information about murder of Mahadev Prasad Sahu and reached Murli Talab. He has seen several firearm injuries on Mahadev Prasad Sahu and a motorcycle and empty cartridges lying there. In his presence from the pant pocket of Mahadev Prasad Sahu a Parcha on which a massage in the name of MCC Maobadi was written in red ink was recovered. He has identified his signature on seizure list which was marked as Ext.1 and photocopy of the Parcha was marked as 'X' for identification. In course of the investigation his statement was recorded by police and he has stated that Mahadcv Prasad Sahu when he left home on 16/5/2008 was accompanied by Gandura Oraon and Chhedia Oraon. PW-4, Parmnand Mahto is a co-villager. He has stated that in the morning of 17/5/2008 he was sitting with Ram Lakhan Prasad Sahu near his house. Chhedia Oraon and Gandura Oraon came there and informed them that Mahadev Prasad Sahu has been killed by MCC extremists. Thereafter he along with Ram Lakhan Prasad Sahu, Bhuneshwar Sao and others had gone near Murli Talab where they found the dead body of Mahadev Prasad Sahu. He has seen firearm injuries on different parts of his body and in his presence a Parcha bearing name of MCC extremist Uday Nath Oraon was recovered from the pant pocket of Mahadev Prasad Sahu. He has stated that he has put his signature on inquest report and the dead body was taken by police for post-mortem to Sadar Hospital, Lohardaga. He has identified the Parcha which was recovered from the pant pocket of Mahadev Prasad Sahu. PW-7. the informant is elder brother of the deceased. He has deposed in the Court that on 16/5/2008 PW-1 and PW-2 came to his house around 06 : 00-07 : 00 AM and left on a motorcycle with his brother for Sisai but when they did not come back home he started searching them. Next day morning at about 07 : 00 AM, PW-1 and PW-2 came to his house and informed him that near Semra-Patra they were apprehended by six armed-men and one amongst them who was dressed in army fatigues declared that he was Uday Oraon, the area commander of MCC. On his instructions the others extremists assaulted them and took them inside Patra forest. Uday Oraon was scolding Mahadev Prasad Sahu that he was warned to stop work of MLA Fund but he did not listen to his orders and therefore today he would not be spared. He has further stated that PW-1 and PW-2 had informed him that other extremists who had confined them were talking amongst themselves and from their conversation also they could know that the person who had taken away Mahadev Prasad Sahu was Uday Oraon. PW-9 was present at Murli Talab when inquest was conducted by police. He has seen fire-arm injuries on the deceased and stated that at Murli Talab he came to know that Uday Oraon has murdered Mahadev Prasad Sahu. He has admitted that he has not seen the occurrence and whatever he has stated about Uday Oraon committing murder of Mahadev Prasad Sahu is on the basis of what he had heard about the occurrence. PW-8 is the main Investigating Officer of this case and PW-6 is the second investigating officer who has taken the appellant on remand in this case from Sisai (Gumla) P.S Case No. 165 of 2008.