JUDGMENT
Lakshman Uraon, J.
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, the appellants have been convicted under Sections, 302/149, 307/149, 323/149 and 201/149, IPC and sentenced each of them to undergo imprisonment for life for the offence under Section 302/149 IPC and further to undergo R.I. for five years for the offence under Section 307/149 IPC and simple imprisonment for one month for the offence under Section 323/149, IPC and R.I. for 2 years for the offence under Section 201, IPC. However, it was directed that all the sentences in respect of each convict shall run concurrently. After filing this Criminal Appeal No. 168/1996 the appellants in the above criminal appeal filed application through jail which was received in the office of Superintendent, Special Central Jail, Bhagalpur on 2.2.2001 which was registered as Criminal Appeal No. 281/2002 in this Court on 20.6.2002. As both the appeals are in respect of the common order of conviction and sentence passed by the learned Court below which were heard by this Court together and are being disposed of by this common judgment.
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/- 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. Suru Kui PW-3 wife of late Govind Marla and her son PW-5 Ram Singh Marla only survived in the family whereas the husband of Suru Kui, namely, Govind Marla and her sons Radheshyam Maria, Lakshman Marla and daughter Phulmani Kui were done to death by the appellants along with the other villagers. The FIR is the joint petition of the villagers Ext. 3. The villagers Pratap Singh Marla and others simply informed the Superintendent of Police West Singhbhum Chaibasa about the occurrence who were informed by one Ladu Champia of village Baihatu. Out of fear the villagers of Baihatu who apprehended their lives fled away and took shelter in the house of Sri Krishna Hembrom of village Taisera. They are not the eye-witnesses of the alleged occurrence but PW-3 Suru Kui wife of late Govind Marla and her son PW-5 Ram Singh Marla are the eye-witnesses. In the fardbeyan Suru Kui has stated that on Saturday i.e. 15.9.90 she was at home in the morning along with her husband Govind Maria, daughter Phulmani Kui aged 8 years, son Ram Singh Marla PW-5 aged 10 years. Radheshyam Marla aged 6 years and Lakshman Marla aged 2 years. In the morning of that day in between 8-9 a.m. the villagers had convened a meeting. In that meeting Rusu Sidhu appellant No. 3, Kande Marla appellant No. 6, Man Singh Maria, Sena Maria, Dursu Maria, Ratmal Maria, Gunda Maria, Bamia Marla appellant No. 2, Juru Marla appellant No. 5 and others were present. In that meeting husband of Suru Kui, namely, Govind Marla was not called. Her husband was at home and she had gone to harvest the paddy crops. She heard the alarm of Dakua Rumda Wahamdaa that all the sorcerists of the village would be eliminated as due to their witchcraft disease has spread in the village. In the evening at about sun set Suru Kui PW-3 retuned home. She lit the lanterns and dhibri and started cooking. Her children and husband were at home. At that time Kande Marla appellant No. 4 went to her home for tobacco and lime and soon thereafter he went away. Her husband Govind Marla came out of the room to wash his hand and mouth after taking food. She also came out for taking water. In the mean time the villager Jarka Wahanda fired with country made gun causing injury to her husband. Her husband asked for a mat on which he was laid down. He informed that Jarka Wahanda to cause his murder shot at him causing injuries on his chest. Due to bleeding Govind Marla was scrambling. Her children started weeping. In the mean time Bamia Marla appellant No. 2, Guda Marla, Jura Marla, Dobra Marla, Rautu Marla, Mahendra Marla appellant No. 7, Zanam Singh Angaria appellant No. 8, Kaira Angaria appellant No. 9 armed with bows arrows and axe entered into her house. She heard the sound of whistle. Her husband Govind Marla was alive at that time who was assaulted with kicks and lathi by them resulting his death. They exhorted to eliminate the entire family members, PW-3 Suru Kui came out in the verandah taking Lakshman Marla two-year-old son on her lap. In the light of burning lantern she saw Kande Marla appellant No. 6, Man Singh Marla, Jugu Marla appellant No. 5, Juria Marla, Raiman Marla, Roya Marla, Bideo @ Mukru Marla, Zcna Marla, Kande Marla appellant No. 4, Dursu Marla, Kande Marla son of Dursu Marla, Basu Marla, Chokro Marla, Chare Angaria, Oiban Marla, Ponde Angaria, Roya Angaria appellant No. 10, Dangur Angaria, Ankura Angaria, Rungdu Waharigde (village Dakua), Naran @ Kamal Angaria, Rusu Sidhu appellant No. 3 (Neta, JMM), Durbu Angaria, Soban Sinku appellant No. 1, all armed with danda, axe, bows and arrows standing. Her daughter Phulmani Kui aged 8 years, son Radheshyam Marla aged six years were snatched by Dobra Marla, Basu Marla, Rautu Marla, Kande Marla appellant No. 6 and Kaire Agaria appellant No. 9. They assaulted with their respective lathis and kicked them out side the house in spite of her protest. Her son Ram Singh Marla aged 10 years PW-5 managed to escape from the house to save his life. The assailants named above tied the neck of the deceased husband Govind Marla, deceased daughter Phulmani Kui and the deceased son Radheshyam Marla with rope and took the dead bodies towards the river Deo. Jena Marla tied the rope on her waist. Her son Lakshman Marla aged about 2 years was on her lap who were also taken towards river Deo. Her son Lakshman Marla was snatched from her lap by Man Singh Marla, Rungdu Wahangda and Kande Marla appellant No. 6. They threw Lakshman Marla on the rock resulting his death. In the mean time Ram Singh Marla PW-5 was brought to her by Dursu Marla, Kande Marla appellant No. 4 and Rautu Marla on the bank of river Deo. In her presence he was killed and assaulted with danda. Thereafter believing that he is dead they threw him into the river. They also threw the dead body of her husband, daughter Phulmani and son Radheshyam along with Lakshman Marla into the river. She was given danda blows on her back. When the assailants were likely to cut her with axe, to save her life she jumped into the river. However, she crossed the river and on Sunday went to the house of her sister Minizari Kui of village Kadalsokua within Tonto PS. She narrated the entire incident to her. On Tuesday i.e. 18.9.90 her father Jamadar Wakanda PW-6 of village Rute Gutu went to her and informed that her son Ram Singh Marla PW-5 is alive and is at his home. She called her son Ram Singh Maria. When asked Ram Singh Marla he informed that on the date of the alleged occurrence he went to the house of Dursu Marla and concealed himself. After sometimes Dursu Marla, Kamde Marla appellant No. 4 and Rautu Marla assured him to take to his maternal uncle’s home. Dursu Marla took him on his lap and took towards the river Deo where his mother was present. In her presence he was assaulted with kicks and fists. When he became unconscious then Relieving that he is dead he was thrown into the river. Ram Singh Marla further informed that when he regained his consciousness, then he found him floating into the river water. He caught grass at the bank of the river and came out of it. He took rest at night and in the morning he went to the house of his maternal uncle of village Rute Gutu. PW-3 Suru Kui has further stated that when she came out of river Deo she first went to the house of her uncle Purushotam Wahanmda PW-4 and from there she went to the house of her sister. At that time she was carrying pregnancy of about 7-8 months. The reason of the alleged occurrence is that the grandfather Madan Marla of her husband Govind Marla was murdered by Kande Marla, Raiman Marla, Roi Marla, Man Singh Marla, Zugu Marla, Juria Marla in he year 1960- 61 at the time of harvesting. In that murder case Zena Marla was convicted and sentence for 20 years imprisonment. Her husband Govind Marla had 10 acres of land in his share. The above named accused persons only to grab that land murdered her husband and other family members to eliminate the entire family and threw the dead bodies into the river Deo. Her son PW-5 Ram Singh Munda escaped providentially. Her house is surrounded by the houses of the named accused and others. Only to eliminate the entire family the villagers alleged them to be sorcerists. The villagers Pratap Singh Marla PW-2 and Dalpati Lakshman Angaria PW-1 are acquainted with the alleged occurrence. Her fardbeyan was recored on 2.9.90 on which she gave her LTI which was witnesses by Pratap Singh Marla PW-2 and Lakshman Angaria Dalpati PW-1.
4. After investigation charge-sheet against all these appellants was submitted under Sections 448/302/201/120/34/364, IPC showing investigation pending against the others.
5. The learned Court below framed charges under Section 302/149, 201/149, 307/149, 323/149 and 148 IPC against all the appellants. The appellant Kande Marla and Keria Angaria were further charged under Section 302/34 IPC. The trial of accused Bamia Marla, Mahendra Marla and Janam Singh Angaria who were charged along with Jerka Wahanda were split up. The appellant Kande Marla son of Madan Marla was further charged under Section 307/34 IPC.
6. The prosecution in order to substantiate the charges framed against the appellants examined altogether 15 witnesses. PW-1 Lakshman Angaria is the Dalpati of the village. PW-2 Pratap Singh Marla alongwith the other villagers informed the Superintendent of Police West Singhbhum Chaibasa in writing Ext. 3. PW-3 Suru Kui is the widow of the deceased Govind Marla and mother of three murdered children. PW-4 Prurshotam Wahanda is uncle of PW-3 Suru Kui, PW-5 Ram Singh Marla is the son of the deceased Govind Maria. PW-6 Jamadar Wahanda is the father of PW-3 Suru Kui, PW-7 Manjhari Kui, PW-8 Ladu Champia, PW-9 Togo Champia, PW-10 Gonor Champia, PW-11 Macho Kui, PW-12 Patar Champia and PW-13 Zingi Angaria are the tendered witnesses. PW-14 Sanatan Hansda (teacher) is also one of the villagers who informed in writing the SP West Singhbhum Chaibasa to save their lives. PW-15 Danardan Birwa is a formal witness.
7. The learned Court below relied upon the evidence of PW-3 Suru Kui widow of the deceased Govind Marla and PW-5 Ram Singh Marla son of PW-3 Suru Kui who escaped providentially and had also sustained injuries. Their evidence was found corroborated by PW-1 Lakshman Angaria, PW-2 Pratap Singh Marla, PW-4 Purushotam Wahanda, PW-6 Jamadar Wahanda and PW-14 Sanatan Hansda and convicted all these appellants for the charges levelled against them and convicted them thereunder directing all the sentences in respect of each count to each of the convict shall run concurrently.
8. Assailing the order of conviction and sentence passed by the learned 4th Additional Sessions Judge West Singhbhum Chaibasa the learned counsel for the appellants has submitted that the learned Court below has wrongly appreciated the evidence of PWs-3 and 5 who are closely related witnesses and whose statements could not be corroborated by any other independent village witnesses. Out of 15 witnesses 7 witnesses who are the village independent witnesses have been tendered and two of them turned hostile. PW-14 Sanatan Angaria (teacher) is not the eye-witness. He is an interested witness and his evidence has wrongly been relied. PW-5 Ram Singh Marla is a child witness who can very well be taught and tutored as he is also an interested and closely related witness. He has failed to identity Jarka Wahanda who was present in the dock. PW-3 Suru Kui claimed that she was carrying pregnancy of eight months and jumped into the river to save her life is quite unbelievable. After coming out of the river she went to the house of Mazari Kui PW-7 who has not supported her evidence as she is a tendered witness. The identification of the appellants in the light of lantern is improbable. The lanterns which were the means of identification have not been seized by the police. The injuries sustained by PW-3 and PW-5 were examined by the doctor who has not been examined and the injury reports Exts 7 and 7/1 have been proved by PW-15 Damodhan Birwa a formal witness, are in admissible in evidence. There is delay in lodging the FIR and also its receipt in the Court. PW-14 Sanatan Angaria and others, villagers sent a joint petition to the SP West Singhbhum which is the FIR. The sub sequent fardbeyan of PW-3 Suru Kui recorded on 22.9.90 is not the FIR as it is hit by Section 162 Cr, P.C. The dead bodies of the husband and children of PW-3 Suru Kui could not be traced out. In absence of the dead body and their examination the manner of the alleged occurrence and the means of assault could not be proved by the prosecution. In this present case the doctor and the IO have not been examined which has caused prejudice to these appellants as they do not draw attention of the contradictions in the evidence of PWs-3 and 5 who are the only eye-witnesses as alleged by them. While arguing on those points the learned counsel for the appellants has relied upon a case reported in 2003 (2) East Cr C 304 (Jhr), Daman Bedia v. State of Bihar (Now Jharkhand). The prosecution has also not explained the delay in lodging the fardbeyan of PW-3 Suru Kui which was recorded on 22.9.90 when the alleged occurrence took place on 15.9.90. On these grounds it was submitted that the appellants deserve acquittal giving benefit of doubt in the facts and circumstances of the case.
9. The learned APP refuting the argument advanced on behalf of the appellants has submitted that in this present case the dead body of Govind Marla, Radheshyam Marla, Lakshman Marla and Phulmani Kui could not be traced out as their dead bodies were thrown into the river Deo. It was submitted that in a trial for murder it is neither an absolute necessity nor an essential ingredient to establish corpus delicti. What is required is that there should be reliable and plausible evidence that the offence of murder like any other factum of death was committed and it must be proved by direct or circumstantial evidence albeit the dead body may not be traced and has relied upon a case reported in 2000 (7) SCC 157, Mani Kumar Thapa v. State of Sikkin The learned APP has further submitted that the entire villagers of village Boroi had convened a meeting on 15.9.99 near the house of PW-3 at Chapa Kal on the ground. The meeting was to eliminate sorcerists of the village due to whose witchcraft the animals and human beings were suffering. They had also uttered that the missionaries of the locality teach witchcraft, hence they should also be done to death. The motive was very clear to eliminate the entire family of PW-3 Suru Kui. In the evening when PW-3 was cooking in the light of burning lantern, Kande Marla went to her house and demanded lime to prepare tobacco. Thereafter, when her husband had come out of the room to wash his hands after taking meals then, Jarka Wahanda fired resulting injuries below his chest who was taken inside the room. Thereafter, the appellants also entered and assaulted him with kicks and dandas resulting his death. His two sons and one daughter were also done to death. The dead bodies were thrown into the river which could not be traced out. PW-3 is the eye-witness along with her son PW-5 who survived and has narrated the true story of the entire occurrence. They narrated the story to PW-1 Lakshman Angaria, PW-2 Pratap Singh Marla, PW-4 Purushotam Bahanda. PW-6 Jamadar Wahanda and PW-14 Sanatan Hansda about the alleged occurrence. They had stated that they came to know about the entire occurrence as told by PW-3 and PW-5. PW-2 Pratap Singh Marla and PW-14 Sanatan Angaria along with five other villagers filed a joint application Ext. 3 addressed to the SP West Singhbhum, Chaibasa narrating the story and also to save their lives. The police registered a case and went in search of Suru Kui, her husband and children. When police came to know that Sum Kui was in her sister’s house and thereafter she went to her father’s house PW-6 Jamadar Wahanda, she was called whose fardbeyan was recorded on 22.9.90. She has narrated the entire occurrence and named the appellants along with other villagers who managed to flee away. Hence, they have not been chargesheeted and have not faced trial in this case as investigation against them is still pending. At that time Suru Kui was pregnant of 8 months and after one week of the alleged occurrence she gave birth to a male child in her parents house. This was also supported by her father PW-6 Jamadar Wahanda. Her son PW-5 who survived was also frightened who had also narrated the entire incident to PWs-1, 2, 3, 4, 5 and 14. The delay in informing the police who went to the P.O. village after one week of the alleged occurrence has sufficiently been explained. The delay in lodging the FIR has not caused any prejudice in the facts and circumstances of this case as the entire villagers were against Suru Kui and her family only to grab their lands in the garb that they are sorcerists who should be murdered entirely. Although the doctor has not been examined who examined PW-3 and her son PW-5 who sustained simple injuries and issued injury report Exts. 7 and 7/1 but non-examination of the doctor has not discredited the evidence of PWs-3 and 5 that they were also assaulted and thrown into the river Deo. The learned Court below has considered all the evidence and has convicted all these appellants and sentenced them thereunder after considering the evidence of PWs-3 and 5 though closely related and reliable witnesses.
10. Prior to this occurrence the grand father of Madan Marla deceased husband of PW-3 Suru Kui was murdered by Zena Marla for which he was convicted. Kande Marla, Man Singh Marla, Zugu Marla, Zuria Marla, Ram Mul Marla and Rama Marla are the sons of Jena Maria. Their intention was to grab the land of her husband. The genesis of the alleged murder was regarding grabbing of land of her husband in the garb of sorcerists and also the appellants were against the missionaries suspecting them that in the church they teach witchcraft. On 15.9.90 at village Boroi hear the house of PW-3 on the field, a panchaiti was convened to eliminate the sorcerists. They suspected that due to witchcraft played by them there is disease in the village. Husband of PW-3 was not called in that meeting which stated in the morning and continued till 4 p.m. PW-3 Suru Kui had gone to harvest the paddy crops and in the evening she returned home. Her husband and children were at home. One lantern was burning inside the room. Another lantern was burning in the verandah and one Diya was burning in the kitchen room while she was cooking. The appellant Kande Marla went, demanded lime to prepare tobacco and went away. When her husband after taking meal came out to wash hands and mouth, she also came with water in a lota, then Jarka Wahanda fired with small gun causing injury below the chest. He sustained bleeding injuries and entered into the room. Thereafter, eight assailants entered into her verandah armed with bows and arrows and axe. Appellant No. 2 Bamia Marla was whistling to collect the other appellants on which Janam Singh Angaria appellant No. 8, Kare Angaria appellant No. 9 Jura Marla, Goda Marla, Rautu Marla, Dobro Marla, Bamia Marla appellant No. 2. Mahendra Marla appellant No. 7 assaulted her husband with axe and lathi resulting his death. Thereafter, out of fear she came out of the verandah. Her daughter Phulmani and son Radheshyam started crying embracing her. Lakshman her younger son was in her lap. She identified the appellants in the light of burning lantern. The assailant were also flashing torch light. In the burning lantern, and in the flashing of touch light she identified Dobro Marla, Kande Marla, Man Singh Marla, Jugu Marla appellant No. 5, Juria Marla Rammul Marla, Roya Marla appellant No, 10, Kande Marla, Raitu Marla, Basu Marla, Bamia Marla appellant No. 2, Chada Angaria, Goda Marla, Jura Marla appellant No. 5, Pande Angaria, Roya Angaria appellant No. 10, Saban Sinku appellant No. 1, Kalya Angaria appellant No. 9, Dablu Angaria, Angur Angaria, Narayan @ Kumar Angaria, Rusu Sinku appellant No. 3, Rubhu Bahanda, Chokro Marla, Jarka Bahanda, Mahendra Marla appellant No. 7 and others, PW-5 Ram Singh Marla escaped. The others were Bamia Marla, Raitu Marla, Kaira Angaria who assaulted them till death in spite of her request to save their lives. After causing murder of her husband, one son and daughter they tied the necks of all the three dead bodies with rope and she was also roped on her waist and were taken to Marganda (Deo) river. Her younger son Lakshman who was in her lap was snatched by Rungdu Bahandaa, Kamde Marla and Man Singh Maria. They dashed the little child Lakshman Marla against the river rock who died calling her mother. Her son PW-5 Ram Singh who had managed to escape and had taken shelter in the house of villager Dursu Marla was also brought to her by Dursu Marla, Kore Marla and Raitu Maria. They assaulted him with lathis, Chappals and threw him into the river. The dead body of her husband, daughter and son were thrown into the river. She was given lathi blow on her back. The assailants were also whispering to cut her with axe then she jumped into the river water to save her life. She was flown and came out at village Kadal Sakna and took shelter in the house of her elder sister Manzari Kui PW-7 a tendered witness. She informed her about the alleged occurrence on Tuesday. Her father PW-6 Jamadar Waghanda went in search of her and took her to his home village Rumta Gutu. He also informed that Ram Singh is alive and is at home. Ram Singh Marla PW-5 also narrated what happened to his life and how he came out of river water. He had also narrated to the witnesses that first he took shelter in the house of villager Dursu Maria but he was taken by Kande Marla, Dursu Marla assuring him that he would be taken to the house of his maternal uncle but they took him to the river bank where his mother along with her younger son Lakshman were there besides the dead bodies of his father, sister and brother. In search of her on the information of Pratap Singh Marla, Sanatan Angaria PW-2 and PW-14, Suru Kui were called whose fardbeyan was recorded in their presence. She has identified all these appellants in the dock in course of trial. After one week of the alleged occurrence she gave birth to a male child in her parents house. Her son PW-5 was aged about 7-8 years old at the time of the alleged occurrence who was tested by the Court and is competent enough to answer the questions as he was going school till class I. He has also supported the evidence of his mother PW-3 that at night Kande Marla had gone to his house for lime to prepare tobacco. At that time lantern was burning. After taking meal when his father came out of the room to wash hands, then Jarka Wahanda fired with gun causing injuries to his father in between chest and abdomen. Thereafter, the other assailants armed with bows and arrows and lathis assaulted his younger brother and sister. Among them, he identified Juria Marla, Kande Marla appellant No. 4, Mukru Marla, Jugu Marla appellant No. 5, Raimul Marla, Man Singh Marla, Rusu Wahanda appellant No. 3, Pande Angaria, Dursu Marla, Bidiu Marla, Rungdu Pande and others. He escaped and took shelter in the house of Dursu Marla from where on the assurance that he will be taken to the house of his maternal uncle Raitu Marla, Kande Marla arid Dursu Marla took towards the bank of the river where there were other villagers.
He saw there his mother and the dead bodies of his father, younger brother and sister, namely, Govind Marla, Radheshyam Marla and Phulmani. Her mother was standing taking younger brother Lakshman in her lap. He was assaulted with lathi by Dursu Marla on his back and was thrown into the river water. Luckily, while floating on the river water he caught stem of a tree and came out of the river. In the morning he went to Ruta Gutu and narrated the entire occurrence to his grand father Jamadar Wahanda PW-6 and maternal uncle. He sustained bleeding injuries on both his shoulders, left cheek, mouth and back. When Jarka Wahanda fired causing injury to his father at that time he had a burning lantern in his hand and saw the appellants and other assailants who were assembled there. PW-6 Jamadar Wahanda came to know about the occurrence from Debra Bahand that his daughter Suru Kui PW-3 had taken shelter in the house of Purushotam Wahanda PW-4. He went there, met Suru Kui, saw injuries on her back, neck and head and came to know about the entire occurrence. He has further deposed that at that time his daughter PW-3 Suru Kui was carrying pregnancy and after one week she gave birth to a child at his home at village Ruta Gutu. He has named all the assailants and manner of the alleged occurrence to the IO as informed to him by his daughter PW-3 Suru Kui PW-1 Lakshman Angaria (Dalpati, Hara Hasa Panchayat) was not informed about the meeting. He came to know in the morning on 15.9.90 through Dakua Rugdu Wahanda that a meeting has been convened on 15.9.90 in the morning near Chapa Kal of village Boroi. In that meeting 30-32 villagers had attended. They were Kande Marla, Man Singh Marla, Juria Marla, Jugu Marla, Raimul Marla, Goya Marla, Mukru Marla, Dobo Marla, Zena Marla, Dursu Marla, Kande Marla (son of Dursu Marla), Rautu Marla, Basu Marla, Bamia Marla, Iban Marla, Charo Angaria, Goda Marla, Zure Marla, Pande Angaria, Roys Angaria, Soban Sinku, Kaira Angaria, Rusu Sidhu, Janam Singh Angaria, Rugdu Wahanda, Jarka Wahanda, Dulbu Angaria whom he identified in the meeting. They were discussing to eliminate the sorcerists due to whose witchcraft disease had spread in the animals and also there is Malaria fever in the village. They had also threatened to kill the persons who inform the police. This witness had gone to that meeting place at about 3 p.m. and thereafter he left that place for home. On 19.9.90 he had gone to the house of Govind Marla. They did not find any member in the house of Govind Marla, the Police directed this witness to search out the members of that family. He saw blood washed in front of the house of Govind Maria. In their search he along with the police went to village Taisera and in the house of Krishna Hembrom Suru Kui (widow of Govind Marla) and her son Ram Singh Marla were seen. On 20.9.90 this witness went to village Taisera and on 22.9.90 at the house of Krishna Hembrom statement of Suru Kui was recorded on which he and Pratap Singh Marla PW-2 signed on it who translated ‘Ho’ language into ‘Hindi’ which was recorded by the police. He has further stated that the police did not seize the blood-stained soil found on the courtyard of Govind Marla even village Mukhia and Sarpanch were not informed about the Panchayat. PW-2 Pratap Singh Marla was present from 8 a.m. to 4 p.m. in the meeting on 15.9.90 at village Boroi. The villagers decided to eliminate all the sorcerists. They also decided to kill missionary’s fathers who teach witchcraft. They also threatened to kill those who inform the police. He also identified Rusu Sidhu, Janam Singh Angaria. At about 8 p.m. night he heard crying sound towards West of his house. Next morning out of fear he and others fled away to village Taisera and took shelter in the house of Krishna Chandra Hembrom from where they informed the SP Chaibasa in writing to save their souls. After one week the police went to village who was informed that Govind Marla, his daughter Phulmani, sons Radheshyam and Lakshman were murdered. He has supported the statement of PW-1 Lakshman Angaria that they traced out Suru Kui and Ram Singh Marla whose statement were recorded by the police. The evidence of PWs-1, 2, 3, 5 were also corroborated by PW-14 Sanatan Angaria who had gone to the meeting place on 15.9.90 at 4 p.m. although the meeting started at 8 a.m. on that day. He also stated that the villagers decided to fine Rs. 1,000/- cash besides two he goats and six pots of Handia. Those who would not pay the fine would be murdered and their dead bodies would be thrown into the river. They also threatened to kill the missionaries who teach witchcraft in the morning and evening while attending the church. Next morning on 16.9.90 he heard that entire members of the family of Govind Marla were murdered. All the Christians assembled at one place and went to the house of Krishna Chandra Hembrom of village Jaisera. They jointly filed a petition to the SP Chaibasa to save their lives. The Junior SI of PS Goelkera took that application and handed over to the SP on which basis the FIR was drawn.
11. The learned counsel for the appellants has argued that the fardbeyan of Suru Kui is not the FIR which is not denied hence it does not require any further findings on it. The FIR is the joint written application. Ext. 3, on which PW-3 and PW-14 along with other villagers signed and sent to the SP Chaibasa. That is the basis of initiation of the Police case. In course of investigation Suru Kui and her son Ram Singh Marla were traced. The fardbeyan of Suru Kui, Ext. 6, is hit under Section 162 Cr. P.C. The FIR Ext. 3, joint application of the villagers, has not disclosed the entire prosecution story as none of the signatories on that petition was the eye-witness. The omission in the entire prosecution story is not a contradiction as the FIR is not the encyclopedia of the prosecution case. The joint application, Ext. 3, is a petition addressed to the SP West Singhbhum, Chaibasa that the villagers of Boroi Baihatu murdered the persons alleging to be sorcerists. The villagers murdered the entire family members of Govind Maria. They sought the police help to save their lives. On the other hand, when Suru Kui PW-4 was traced out she narrated the entire manner of occurrence. Her son PW 5 also corroborated the statement of his mother which he saw. He also narrated how he escaped and went to the house of Dursu Marla to save his life but was brought near his mother on the bank of the river where he saw the dead body of his father, sister and one brother/He was also assaulted and was thrown into the river but it was the grace of God that he managed to come out of the river water after regaining his sense. Lakshman Marla, the youngest son of PW-3 Suru Kui was in her lap who was snatched and was dashed against the rock on the bank of river. Thereafter, all the dead bodies were thrown into the river. Suru Kui was also given lathi blow on her back and they were talking to cut her neck with axe. To save her life she jumped into the river Deo and went on floating. She came out of the river by catching hold of one stem and went to the house of her sister and narrated the entire story. She was carrying pregnancy of 8 months and as deposed by her father PW-6 Jamadar Wahanda she gave birth to a male child in his house after one week. She was traced out by the police and on 22.9.90 and her fardbeyan was recorded. The delay in lodging the information and investigation has well been explained by the prosecution. The argument advanced on behalf of the appellants that the prosecution case was concocted and embellished only to implicate these appellants falsely as they opposed Christianity is without any substance. The submission that the witnesses in collusion with the Christian missionaries have filed this case against these appellants has also got no leg to stand PW-3 Suru Kui and her son PW-5 Ram Singh Marla are the only eye-witnesses regarding the manner of the alleged occurrence who were also assaulted and sustained injuries. The doctor examined their injuries and issued injury-report, Exts. 7 and 7/1 which was not taken into consideration as the doctor who examined both the injured and issued injury-report has not been examined. Even then the other witnesses PWs-6 and 14 have seen injuries on the persons of PW-3 Suru Kui and her son PW-5 Ram Singh Maria. The evidence of these injured eye-witnesses who are the members of the family of Govind Marla though related with the other deceased who are all four in numbers have narrated the entire occurrence in a natural manner without any exaggeration or contradiction. The entire villagers are in one side who has attended the meeting including these appellants at 8 a.m. on 15.9.90 which lasted till 4 p.m. They had decided to kill the persons knowing witchcraft. PW-3 Sum Kui has denied that any member of his family was knowing sorcerists, rather the another reason to eliminate the entire family as deposed by her is only to grab their landed properties by the sons of Madan Marla who are Man Singh Marla, Jugu Marla, Kende Marla, Juria Marla, Raimul Marla and Roya Marla, all sons of Jena Marla in collusion with the villagers in the garb of eliminating sorcerists. The dead bodies of Govind Marla, Radheshyam Marla, Lakshman Marla and Phulmani Kui were thrown into the river water. They could not be traced out as they flew down the stream in the hilly river Deo. All the witnesses have deposed that they were murdered and their dead bodies were thrown into the river water. There is no any other evidence adduced by either side that those persons are still alive hence, the prosecution case can not be thrown out in absence of recovery of the dead bodies which is not essential ingredient to establish corpus delicti. The eye-witnesses PWs-3 and 5 who also sustained injures have narrated the manner of the alleged occurrence. The evidence of PW-3 Suru Kui shows that how cruel murder was done by the members of the Panchayat attended by these appellants who had active role in committing murder of four persons of a family mercilessly and throwing the dead body into the river water. Even they did not spare the children who were weeping embracing PW-3 Suru Kui (mother). In furtherance with the common intention and object these appellants who were present in the meeting went there along with Jarika Wahanda who went to the house of Govind Marla and fired with small gun below his chest while he was washing his hand after taking meal. Prior to that, appellant Kande Marla had gone to demand lime to prepare tobacco which was a pretense to see whether Govind Marla and his family were present at home or not. Soon thereafter, these appellants along with others went there and assaulted to death Govind Marla, Radheshyam Marla and daughter Phulmani Kui. They also took out Suru Kui on the bank of the river along with the dead bodies. There they snatched her son Lakshman Marla from her lap and threw on the rock who died instantaneously. There after, the dead bodies were thrown into the river which could not be traced out. The IO in this case has not been examined who had even not seized the blood-stained soil found in front of the house of Govind Marla.
The place of occurrence is not in dispute. There is no embellishment or concoction in the prosecution story. The defence has not taken any contradiction in the statements of PWs-3 and 5 who are the victim eye-witnesses of the family of Govind Maria. Hence, non-examination of the IO in this case has not prejudiced these appellants. As I have discussed above that the delay in lodging the FIR has well been explained by PWs-1, 2 and 3. Hence, it has also not given any discredit to the prosecution case. The villagers who had filed the joint application were not the eye-witnesses regarding the manner of the alleged assault. PWs-1 and 2 had seen the meeting called at village Boroi where decision was taken to eliminate sorcersits of the village. Thereafter, they left the meeting place and later on they came to know that entire family of Govind Marla were murdered and the dead bodies were thrown into the river water. At that time when Ext. 3 was written they were not knowing regarding the survival of PW-3 Suru Kui and his son PW-5 Ram Singh Maria. When after a week of the alleged occurrence PW-3 Suru Kui was traced out then her statement was taken at village Taisera in the house of Krishna Chandra Hembrom as she was not available in the village home Boroi. She has narrated in her fardbeyan, Ext. 6, the entire story corroborated by her and her son Ram Singh Marla PW-5. I do not find any contradictory statements or concoction and embellishment in their evidence and prosecution story. There is no doubt that she was carrying pregnancy and gave birth to a male child in the house of her father PW-6 Jamadar Wahanda who has stated that Suru Kui gave birth to a male child after one week of the alleged occurrence.
12. When considered all the pros and cons of the prosecution case and the evidence available on the record, I find that there is no contradiction in the evidence of PWs-3 and 5 which gets corroborated by the hearsay witnesses PWs-1, 2, 5, 6 and 14. PWs-1 and 2 had also attended the meeting for a short while. Thereafter, they left the Panchayat meeting and next day they came to know that the entire family of Govind Marla were murdered taking plea by the villagers that they were knowing sorcerists resulting disease spread in the animals and also Malaria fever in the village. The evidence of the prosecution also indicates that these appellants were against the missionary’s fathers alleging that they teach witchcraft in the church. They were also bent upon to kill them. Such trend prevailed at the P.O. village had created terror that is why other village independent witnesses have not come forward to corroborate the prosecution case who are either tendered or hostile witnesses. I find that the learned 4th Additional Sessions Judge, West Singhbhum, Chaibasa has meticulously considered the evidence of the prosecution witnesses specially PWs-3 and 5 which gets corroborated by the evidence of PWs-1, 2, 6 and 14 and has convicted and sentenced all these appellants for the charges framed against them. When considered after hearing both the parties and the evidence available on record, I do not find any legal infirmity in the impugned order of conviction and sentence passed by the learned Court below.
13. Viewed thus, 1 find that both the criminal appeals (Cr. Appeal No. 168/1996 and Cr. Appeal No. 281/2002) are devoid of any merit which are, accordingly, dismissed. The judgment and order of conviction and sentence passed by the learned Court below against all these appellants respectively in each count is, hereby, affirmed.