SANJAY ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) These criminal appeals are directed against the Judgment of conviction dtd. 4/3/2016 and order of sentence dtd. 5/3/2016 passed by the learned Addl. Sessions Judge-I, Lohardaga in Sessions Trial No. 113 of 2006, whereby and whereunder, the appellants, namely, Sanjay Oraon, Sukhram Lohra, Narayan Bhagat, Laxman Sahu and Ajanta Devi are convicted under Ss. 304 part-II IPC r/w Ss. 149 and 148 IPC and Sec. 3 of Prevention of Witch (Daain) Practices Act and they have been sentenced to undergo R.I. for ten years and fine of Rs.10,000.00 each under Sec. 304 part-II/149 IPC and R.I. for three months and fine of Rs.1,000.00 each under Sec. 3 of Prevention of Witch (Daain) Practices Act. Further they have also been sentenced to undergo R.I. for three years and fine of Rs.5000.00 each under Sec. 148 IPC. So far as appellant, namely Fekan Oraon is concerned, he has been convicted under Sec. 302/149, 148 IPC and Sec. 3 of the Prevention of Witch (Daain) Practices Act and he has been sentenced to undergo imprisonment for life and fine of Rs.10,000.00 under Sec. 302/149 IPC and no sentence has been awarded under Sec. 148 IPC and Sec. 3 of the Prevention of Witch (Daain) Practices Act.

(2.) The learned counsels for the appellants submitted that Sec. 149 of the Indian Penal Code cannot be attracted on the facts of this case. They also submitted that the prosecution has to prove that the assembly is unlawful, but if the evidence and circumstances are scrutinized, it would be clear that the assembly was not unlawful. They further contended that so far as appellants, namely Sanjay Oraon and Sukhram Lohra are concerned, the only allegation against them is that they had gone to the house of Shiv Narayan to call him and there is no allegation that they had committed any act of assault nor they had intention to commit murder. They also contended that it has come in evidence that a meeting was being convened and during the meeting, suddenly some of the persons became agitated and started assaulting the deceased. There were hundreds of person attending the meeting. Since the assembly was only for participating in the meeting, it cannot be said to be illegal. Appellants Ajanta Devi, Sanjay Oraon, Narayan Bhagat, Sukhram Lohra, Laxman Sahu could not have been convicted with the aid of Sec. 149 IPC. They further submitted that Sec. 147 and 148 IPC are not attracted against these appellants as they never participated in any riot. So far as appellant Fekan Oraon is concerned, it has been submitted that he had no intention to commit murder of the deceased as he was not armed with any deadly weapon. It has also been contended that the entire occurrence had taken place in spur of the moment. On these grounds, prayer has been made to acquit these appellants.

(3.) The learned counsel for the State opposing the prayer for the appellants submitted that branding both the deceased as witch, they were brought in the meeting. Sanjay Oraon and Sukhram Lohra were instrumental in bringing Shiv Narayan at the meeting place. The entire village branded the deceased as witch and they started assaulting the deceased persons and both the deceased died. It is further submitted that the presence of these appellants at the place of occurrence has been proved and there was overtact as all of them assaulted the deceased. It has been further contended that the allegation against Fekan Oraon is of higher degree as he had committed the murder of Shiv Narayan by pressing his neck. It has also been contended that all these evidences clearly suggests the presence of these appellants in an assembly, which was unlawful. It is lastly contended that on these grounds, the appellants have rightly been convicted.