JUDGMENT :

Shree Chandrashekhar, J.

The appellant has suffered Judgment of conviction under section 302/34 of the Penal Code, 1860 and order of sentence of R1 for life and a fine of Rs. 10,000/- for the said offence. The appellant was directed to pay Rs. 50,000/- by way of compensation to the wife of Mahadev Prasad Sahu, the deceased. However, the charges under section 17 of the Criminal Law (Amendment) Act and section 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 16.05.2008 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 16.05.2008 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 17.05.2008, Bhandra P.S. Case No. 18 of 2008 was registered under section 302/34 of the Penal Code, 1860, section 27 of the Arms Act and section 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 16.05.2008 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 16.05.2008 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,