SOBAN SINKU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants have preferred this appeal against the order of conviction and sentence dated 12.8.96 and 14.8.96 respectively passed by Shri Prashant Kumar, the learned 5th Additional Sessions, Judge, West Singhbhum at Chaibasa in S.T. No. 85/1991, whereby and whereunder,

(2.) THE prosecution case is based on the joint written information Ext. 3 of Pratap Singh Maria and seven others addressed to the Superintendent of Police West Singhbhum, Chaibasa signed by him Ext. 2 and other villagers including Sanatan Angaria PW -14 who also signed on it Ext. 2/1. The joint written information was sent to the Officer -in -Charge, Goelkera P.S. for registration of a case on the basis of which a case was registered and the formal FIR Ext. 4 was drawn. The villagers in the written information Ext. 3 has alleged that on 15.9.1990 at 10 a.m. the villagers of Boreo Bahatu had convened a meeting to get rid of Malaria fever and animal disease spread in the village. In the said meeting besides Munda of village Patam the other villagers, namely, Bahadur Angaria, Durbu Angaria, Rugdu Bandha, Kande Maria, Raimur Maria, Chokro Marla (Deva), another Chokra Angaria (Deva) and Bama Champia (Deva) were present. Mun -das of village Patam informed that all the sorcerists of his village were done to death. The family members of the sorcerists were fined Rs. 1,000.00 cash besides two goats and six pots of Hadia and only then the disease of the cattle and Malaria spread in his village Patam were rooted out. Therefore, they should also murder all the persons who are sorcerists to save their lives. He alleged that the missionaries of the localities teach witchcraft to the people in the church in the morning and evening. Therefore, they should also be eliminated to save the villagers and cattle from the Malaria disease. On the same day on 15.9.90 at about 10 p.m. night all the above named villagers along with other villagers went to the house of Govind Marla at village Boroie and killed Govind Marla and all the members of his family including his wife and four children. Ladu Champia of village Bahatu who had seen all the members of the family of Govind Maria, informed Sanatan Angaria on 16.9.90 at 7 a.m. The villagers of Borai Baihatu who were alleged to be sorcerists fled towards Jungle and went to village Taisara and took shelter in the house of Krishna Chandra Hembrom. The villagers sent S.O.S in writing to the Superintendent of Police West Singhbhum Chaibasa to save their lives which were in danger. They also sought help for their safe return to their village under police protection. On the basis of the said written information Goelkera P.S. Case No. 30/1990 was registered and the formal FIR was drawn which is the first information report in this case, registered on 18.9.90 at 21.30 Hrs. Subsequently, the fardbeyan of Suru Kui PW -3 wife of the deceased Govind Maria, was recorded by the ASI, R.S. Ram of Goelkera PS on 22.9.90 at 7 Hrs. at village Taisera in house of Krishna Chandra Hembrom within Tonto Gram PS in connection with Goelkera PS Case No. 30/90 dated 18.9.90.

(3.) AFTER investigation charge -sheet against all these appellants was submitted under Sections 448/302/201/120/34/364, Indian Penal Code showing investigation pending against the others.