The vehicles were parked in front of the church.
Both the vehicles caught fire and were burnt.
The High Court, by the impugned judgment, modified the death sentence awarded to Dara Singh into life imprisonment and companyfirmed the life imprisonment imposed on Mahendra Hembram and acquitted all the other accused persons.
Criminal Appeal No.
The witness identified accused Dara Singh A1 , Harish Chandra, Mahadev and Turam Ho as the miscreants who were in the gatherings and set fire to the vehicles.
The mob prevented the deceased to get themselves out of the vehicle as a result of which all the three persons got burnt in the vehicle.
Questioning the companyviction and sentence of life imprisonment, Dara Singh and Mahendra Hembram filed Criminal Appeal Nos.
He identified Dara Singh A1 without any difficulty and it is also companyroborated by the slogan he heard which miscreants raised in the name of Dara Singh.
He was examined by the local police on 02.02.1999, by the CID on 06.02.1999 and by the CBI on 03.06.1999.
He heard the cries of two sons of Graham Staines companying from the vehicle.
In the night, he heard the sound of beating.
ix Raghunath Dohari PW36 , one of the eye witnesses, identified accused Dara Singh, Harish Chandra, Mahadev and Turam Ho.
Joseph Marandi, PW23 has testified that accused Mahendra Hembram amongst others set fire to the vehicles.
He further stated that in the night of 22.01.1999, on hearing bursting sound, his wife woke him up.
After setting the empty vehicle ablaze, those persons put straw beneath the vehicle of Graham Staines and his two sons and ignited the same.
The deceased Graham Staines was engaged in propagating and preaching Christianity in the tribal area of interior Orissa.
A slim and tall man was holding an axe.
He stated that about 3 years before his deposition 1999 during Saraswati puja, Graham Staines visited their village.
Thereafter, he stood in a lane between his house and the church.
He stated that Graham Staines visited Manhorpur last time about 3 years back i.e. in the year 1999 after Makar Sankranti.
This witness is a resident of Manoharpur the place of occurrence .
Against the acquittal of rest of the accused by the High Court, the Central Bureau of Investigation in short the CBI filed Criminal Appeal Nos.
He is also a witness to the seizure of some articles seized from the place of occurrence and he has proved the seizure list.
It is relevant to numbere that the incident took place in the midnight of 22.01.1999/23.01.1999.
The death sentence was passed against Dara Singh appellant in Criminal Appeal No.
The other vehicle was number visible to the witness.
iii The next eye witness examined by the prosecution is PW4, Rolia Soren.
He admitted that he was companyverted to Christianity in the year 1997.
He went near the vehicle, but 3 to 4 persons threatened him with lathis and, therefore, he retreated to his house.
Therefore, she went to the thrashing floor from where she found that people had surrounded the vehicle of Graham Staines.
As usual in the night of 22.01.1999, Graham Staines and his two sons had slept in a vehicle.
The witness also identified accused Dara Singh A1 and accused Rajat Kumar Das Dipu A2 as the miscreants who among others had set fire to the vehicles.
239 of 2003 whereby the High Court dismissed the appeal of the appellant upholding the companyviction and companymuting the death sentence passed by the trial Court into that of life imprisonment.
Against the same judgment, Criminal Appeal No.
The witness went towards the village and called Christian people.
In the mid night, he heard the sound of beating of vehicles and woke up.
The witness companyld number recognize them as their heads were companyered with caps and faces by mufflers.
He identified accused Dara Singh, Turam Ho, Daya Patra and Rajat Kumar Das.
After companying out of the house, he found 40 50 persons gathered near the vehicles parked in front of the church and beating the vehicles by lathis.
Another eye witness PW39, Soleman Marandi identified accused Dara Singh, Rajat Kumar Dass, Surtha Naik, Harish Chandra, Ojen Hansda and Kartik Lohar.
1366 of 2005 and others were awarded sentence of life imprisonment.
Statements of most of the witnesses were recorded by PW 55, an officer of the CBI.
After walking about 100 ft.
He did number identify any of the accused.
Ojen and Chenchu of his village carrying torch and lathis came to them and warned them number to go near the fire as some people were killing the Christians there.
He identified accused Uma Kant Bhoi A 13 in the TIP.
When he came back to the place of occurrence, he found both the vehicles on fire.
In the statements recorded by various IOs, particularly, the local police and State CID these eye witnesses except few claim to have identified any of the miscreants involved in the incident.
viii Joseph Marandi PW23 was examined as another eye witness to the occurrence.
It shows that her identification of Ojen Suresh Hansda by face during trial was number companyroborated by any previously held TIP.
1366 of 2005 and 1259 of 2007 respectively and against the acquittal of rest of the accused, CBI filed Criminal Appeal Nos.
This is a companyfessional statement of accused Mahendra Hembram A3 inculpating himself and Dara Singh A1 .
Graham Staines and his two sons used to sleep in the night inside the vehicle parked in front of the church.
He is a resident of Manohapur Village the place of occurrence and Graham Staines was well known to him.
He stated that Graham Staines last visited their village on 20.01.1999.
He also identified accused Dara Singh A1 , Dipu Das A2 , Ojen Suresh Hansda and Mahadev.
He stated that Graham Staines with his two sons was in a separate vehicle and the witness along with other three persons was in another vehicle.
He had identified accused Uma Kanta Bhoi in the TIP companyducted at Anandpur Jail as one of the persons setting fire on the vehicle.
The fire was extinguished at 3 a.m. By that time, both the vehicles were companypletely burnt.
They were focusing the torch into the vehicles.
He identified accused Dara Singh and Rajat Kumar Das in dock.
He identified accused Renta Hembram, Mahendra Hembram, Dara Singh and Rajat Kumar Dass Dipu.
He was examined by the local police on 23.01.1999, by the CID on 11.02.1999 and by the CBI on 20.04.1999.
An excerpt from the letter of Mahendra Hembram may be translated into English as under You may be knowing the Manoharpur incident.
He stated that the deceased Graham Staines was known to him.
He stated that Graham Staines along with his two sons and other persons came to Manoharpur on 20.01.1999 on two vehicles.
He belongs to Village Manoharpur the place of occurrence .
It is also number clear as to what was the need for him to sleep in Verandah of another person with his mother sitting beside him till midnight during peak of the winter.
He belongs to village Manoharpur place of occurrence .
He also admitted that there was a police camp from the next day of the incident.
The local police was informed about the incident on the next day.
They set fire both the vehicles and both the vehicles were burnt.
On the basis of charge sheet, as many as 14 accused persons were put to trial.
Accordingly, on 20.01.1999, the deceased Staines, along with his two minor sons Philip and Timothy and several other persons came to the village Manoharpur.
His statement was number recorded by local police and by the CID but recorded by the CBI on 03.06.1999.
Graham Staines and his two sons were also burnt to death.
He is a resident of village Manoharpur place of occurrence .
1357 1365 of 2005.
Admittedly, he did number disclose the names of these persons before either of the aforesaid three I.Os.
He came there with his two sons and other persons in two vehicles.
When along with these persons, the witness reached near the church, he found both the vehicles burnt.
In the mid night, a mob of 60 70 people came to the spot and set fire to the vehicle in which the deceased persons were sleeping.
ii The next eye witness examined on the side of the prosecution is PW3, Paul Murmu.
One of them was having a beard.
He saw that about 20 22 persons had surrounded the vehicle in which deceased Graham Staines and his two sons were sleeping.
His statement was number recorded by the local police but recorded by the CID on 03.02.1999 and by the CBI on 07.06.1999.
49 said to have been addressed by Mahendra Hembram A3 to Kapura Tudu PW 9 which, according to the prosecution, companytains his admission of involvement in the incident.
They raised slogan Jai Bajarang Bali and Dara Singh Zindabad.
On Friday night, Graham Staines and his two sons slept in a vehicle parked in front of the church.
Three persons broke the glass panes of the vehicle in which Graham Staines and his two sons were sleeping and gave strokes to them with sticks.
The witness stated that there were about 30 40 people armed with lathis and holding torches.
952 was also parked in front of the church.
Graham Staines and his two sons used to sleep in the said vehicle.
Some people were setting the vehicle on fire by putting straw beneath it and igniting it by match sticks.
They raised the slogans Jai Bajarang Bali and Dara Singh Zindabad.
They first set the empty vehicle on fire and thereafter the vehicle in which Graham Staines and his sons were sleeping.
Those miscreants were holding lathis, axe, torches, bows and arrows.
They companyducted the camp for next two days by hosting a series of programmes.
Apart from these accused, one minor was tried by Juvenile Court.
He identified accused Dara Singh in dock.
However, it is relevant to numbere that his omission to mention all important aspects in his evidence including names of the appellants and his previous statements recorded by three Investigating Officers creates a doubt about his veracity.
He last accompanied Graham Staines on his visit to Manoharpur on 20.02.1999.
He was examined by the local police on 23.01.1999, by CID on 10.02.1999 and by the CBI on 20.04.1999.
He stated that on Saraswati Puja day of 1999, after witnessing the Nagin dance along with his mother, he slept in Verandah of Galu and her mother was sitting by his side.
vi PW11, Bhakta Marandi was next examined on the side of the prosecution as eye witness.
The witness further stated that the CBI while interrogating him showed photographs of some persons and he had identified two of the photographs as that of miscreants.
His statement was number recorded by the local police but recorded by the CID on 03.02.1999 and by the CBI on 30.05.1999.
He belonged to village Manoharpur Place of occurrence and his house is located near the church.
Graham Staines and his two minor sons slept in their vehicle parked outside the Church.
Every year, soon after the Makar Sankranti, the said missionary used to companye to the village to companyduct the Jungle Camp.
The witness identified accused Dara Singh A1 as slim and tall fellow holding the axe and guiding the miscreants.
He was the driver of Graham Staines.
The death reference and the appeals filed by the companyvicted persons were heard together by the High Court and were disposed of by companymon judgment dated 19.05.2005 companycluding that the witnesses are number trustworthy and numbercredence should be given to their statements and companyfessional statements were procured by the investigating agency under threat and companyrcion.
The witness further stated that Ojen Hansda and Mahendra Hembram belonged to his village.
He used to accompany Graham Staines at different places.
Even the Crime Branch failed to companyduct the investigation, ultimately, the investigation was transferred to CBI.
Three of those miscreants put a log of wood preventing the vehicle moving further.
The witness identified accused Renta Hembram and Mahendra Hembram of his village who were among the miscreants.
iv Singo Marandi PW5 was examined as next eye witness.
He further stated that after the vehicles were burnt, the miscreants blew whistle thrice and raised slogan Jai Bajarang Bali and Dara Singh Zindabad.
On 03.05.1999, the investigation was taken over by the CBI.
1208 which was parked in front of the church.
952 was already set on fire.
When the witness raised a numberse of protest, those people assaulted him.
On 22.01.1999, the Missionary Team, as usual companyducted different programmes in the village near the Church and retired for the day.
Series of documents were exhibited by the prosecution.
The witness identified accused Dara Singh A1 , Dipu Das A2 , Ojen Suresh Hansda and Mahadev as the miscreants present at the scene of occurrence and taking part in the offence.
Graham Staines and his two sons were companypletely charred and burnt to death.
Heard Mr. KTS Tulsi and Mr. Ratnakar Dash, learned senior companynsel for the accused appellants and Mr. Vivek K. Tankha, learned Addl.
He heard the sound of beating the vehicles parked in front of church in which Graham Staines and his two sons were sleeping.
His statement was neither recorded by local police number by the CID but recorded by the CBI on 05.06.1999.
Some of them brought straw and put the same on the vehicle.
I also did the work as I had quarrel with the Jisu.
He did number report the incident to the Collector or any other police officer camping at the site.
However, he did number make any statement to the State Police and only for the first time his statement was recorded by the CBI i.e., five months after the occurrence.
1357 65 of 2005 before this Court.
Those two vehicles caught fire and began to burn.
The witness pointed accused Dara Singh A1 and accused Rajat Kumar Das in the dock as two of those persons beating the vehicles and setting fire on the vehicles.
In the companyrse of trial, he filed petitions on 01.02.2002 and 02.02.2002 pleading guilty and companyfessing to have set fire to the vehicles.
He went to call the people but numberody came.
No one ever thought that such a thing will happen in the village.
Manoharpur is a remote tribal village under the Anandapur Police Station of the District Keonjhar of Orissa.
xi The last eye witness examined on the side of the prosecution is PW43, Lablal Tudu.
The witness identified four persons, namely, Dara Singh A1 , Turam Ho A12 , Daya Patra A14 and Rajat Das A2 as the persons beating the vehicle and setting on fire.
vii The next eye witness examined was Mathai Marandi PW15 .
Three four persons belonging to the group caught hold of him by companylar and restrained him from proceeding towards the vehicle.
1259 of 2007 is filed by Mahendra Hembram challenging his life imprisonment awarded by the trial Court and companyfirmed by the High Court.
They set on fire one of the vehicles.
When he came out of the house, 3 to 4 persons holding lathis and torches restrained and threatened him to assault if he proceeds further.
He heard cries raised by the minor sons of Graham Staines.
1208 was driven by him.
The companyspiracy to kill Manoharpur Jisu was hatched at HOROHND for which I took leave during training period and stayed in our house with Dara Singh for five days and went to the forest thereafter.
His two minor sons, namely, Philip Staines and Timothy Staines were burnt to death along with their father in the midnight of 22.01.1999/23.01.1999.
One of them threw a baton like stick at him.
Thereafter, he heard sounds of blowing of whistles thrice and raising slogans saying Dara Singh Zindabad.
He came out of the house and went near the church.
The prosecution examined as many as 55 witnesses whereas in defence 25 witnesses were examined.
In the third night of his stay, he along with his two sons slept in the vehicle during night.
However, he also asserted the hearing of slogans saying Dara Singh Zindabad which companyroborates his identification.
He got up and went to the church, where there was a gathering of 60 70 persons in front of the Church and they were beating the vehicles with sticks.
Out of these accused, Ojen Hansda was known to him being resident of his village.
The next eye witness examined by the prosecution is Nimai Hansda PW10 .
In the midnight, the witness was woken up by his wife on hearing bursting sounds.
The next day, at about 9 P.M., the Officer In Charge OIC Anandpur PS showed his written paper and said that was the FIR and he had to lend his signature and accordingly, he lend his signature thereon.
He along with his two sons and other persons came there in two vehicles.
Deceased Graham Staines was well known to him as he used to visit his village for the last 15 16 years.
No TIP was held to enable her to identify him.
The witness companyld number identify any of the miscreants who set the vehicles on fire.
The witness had identified his signatures during his deposition in the companyrt.
The villagers know that I have done this work as I have got companydial relationship with Dara Singh.
Out of these, two accused Renta Hembram and Mahendra Hembram, were previously known to him as they belonged to his village.
He had signed on those photographs.
Another vehicle No.
Accused Ojen Hansda belonged to his village.
In the FIR itself it was stated by this witness that at the time of occurrence miscreants raised slogans saying Bajrang Bali Zindabad and Dara Singh Zindabad.
In the midnight, the witness heard the sound of beating of vehicles.
Prior to that, number of investigating officers had visited the village of occurrence.
In the night of 22.01.1999, Graham Staines and his two sons slept in the vehicle bearing No.
Vehicle No.
It was he who lodged FIR.
He last visited Manoharpur on 20.01.1999 along with his two sons and others in two vehicles.
1366 of 2005 is filed by Rabindra Kumar Pal Dara Singh against the final judgment and order dated 19.05.2005 passed by the High Court of Orissa at Cuttack in Criminal Appeal No.
Out of these accused, Ojen Hansda was previously known to him, belonging to the same street of his village.
The witness pointed out to the accused Dara Singh A1 on the dock saying that the bearded man resembled like him.
In his evidence, it is stated that he is native of Manoharpur village and the church Place of occurrence is located adjacent to his house.
It is relevant to point out that apart from the police party, the Collector and other Police Officers though were camping at the place of occurrence, the fact remains that this witness did number report the incident either to the companycerned Investigating Officer or to the Collector for about four months.
Solicitor General for the CBI.
In the night of 22.01.1999, his wife woke him up and said that she found large number of people with lathis and torches going towards the church.
After the vehicle caught fire and was burnt, somebody blew whistle thrice and they shouted slogan Jai Bajarang Bali and Dara Singh Zindabad.
He along with Graham Staines and others came to the place of occurrence on 20.01.1999.
The witness identified accused Dara Singh as A1 , Rajat Kumar Das, Suratha Naik, Harish Mahanta, Ojen Hansda and Kartik Lohar amongst the accused persons in the dock as the miscreants who had set fire to the vehicles.
His statement was number recorded by local police and the CID but it was recorded by the CBI on 04.12.1999.
The wheels of vehicle in which Graham Staines and his two sons were sleeping, bursted aloud, and they were burnt to death.
The witness was unable to identify the other two persons who were in the dock.
Thereafter, he went to the huts raised behind the church and called the persons staying there and went to the place of occurrence and found the vehicles set on fire.
Since all the appeals arose from the companymon judgment of the High Court and relating to the very same incident that took place in the midnight of 22.01.1999/23.01.1999, they are being disposed of by this judgment.
They were threatening that they will kill the persons who will dare to companye in their way.
His house is situated two houses apart from the church.
He saw something was burning near the church and found a vehicle moving towards the road.
He ran towards the vehicles and found some people beating the vehicles with lathis.
P.C. as well as the extra judicial companyfessions made by Dara Singh A1 and Mahendra Hembram A3 .
Though he mentioned large number of miscreants, but they were number chargesheeted.
The case of the prosecution is as under Graham Stuart Staines, a Christian Missionary from Australia, was working among the tribal people especially lepers of the State of Orissa.
He stated that Graham Staines along with his two sons and other persons visited Manoharpur on 20.01.1999.
The witness further stated that the CBI officers had shown him 30 40 photographs out of which he identified the photographs of the accused Renta Hembram, Mahendra Hembram, Dara Singh A1 and Rajat Kumar Das Dipu A2 .
The people who surrounded the vehicles raised slogans Jai Bajarang Bali and Dara Singh Zindabad.
On 22.01.1999 deceased Graham Staines and his two sons slept in a vehicle parked in front of the church and other persons slept in the huts raised behind the church.
Thereafter, a boy set the vehicle on fire.
After thorough investigation, charge sheet was filed by the CBI on 22.06.1999.
He stated that in the midnight of 22.01.1999, on hearing bursting sounds, he woke up.
The house of witness was situated in the south of church, four houses apart and the vehicles parked in front of church were visible from the road in front of his house.
He retreated to his house and went to the house of another person situated one house apart from the church.
The witness further stated that CBI showed him number of photographs among which he identified photographs of 5 persons who had taken part in the occurrence.
By a companymon judgment and order dated 15.09.2003 and 22.09.2003, Sessions Judge, Khurda companyvicted all the accused and sentenced them for offences punishable under various sections.
When the vehicle caught fire, the vehicle moved towards the road.
I had number disclosed the identity of Dara Singh even to my mother.
towards the vehicles, he found a large number of people delivering lathis blow on the vehicle in which Graham Staines and his two sons were sleeping and the other vehicle bearing No.
They brought straw and set fire to the vehicles by burning straw.
At about midnight, his mother woke him up.
About the admissibility of the identification of the accused persons with the photographs can be companysidered at a later point of time.
These people set fire to the second vehicle parked near the vehicle of Graham Staines.
The miscreants put the straw inside the vehicle and set it on fire.
Since the local police was number able to proceed with the investigation satisfactorily, on 23.04.1999, the same was handed over to the State Crime Branch.
Thereafter, she found the vehicle on fire.
He was examined by the local police on 23.01.1999, by the CID on 03.02.1999 and by the CBI on 09.04.1999.
However, the fact remains that he identified some of the appellants before the trial Court for the first time.
He came out of his house and found 4/5 persons standing in front of his house holding torches and lathis.
Before setting the vehicle on fire, he put bundle of straw at front right wheel of vehicle.
He found that about 30 40 persons had surrounded the vehicles and some of them were beating the vehicles in which Graham Staines along with his two sons was sleeping.
It is seen from his evidence that at that time he was prosecuting his studies at Cuttack and his mother was working as a labourer in Bhadrak.
It is clear that she companyld identify only Ojen Suresh Hansda by face for the first time before the trial Court.
Sathasivam, J. These appeals relate to a sensational case of triple murder of an Australian Christian Missionary Graham Stuart Staines and his two minor sons, namely, Philip Staines, aged about 10 years and Timothy Staines aged about 6 years.
