Ranchi: Jharkhand high court has observed that the recording of a murder convict’s evidence appeared to be a “farce” after finding that he had been questioned in English, a language he did not understand.The court’s observation came while recently acquitting Chamara Oraon, who had been sentenced to life imprisonment in a 2009 murder case. A division bench of Justices Ananda Sen and Pradeep Kumar Srivastava set aside the conviction and sentence imposed by a Ranchi sessions court.Oraon was convicted on April 25, 2018, for the murder of Parmeshwari Devi on Feb 26, 2009. According to the prosecution, he had drowned her in a well during a dispute over possession of land. The trial court had also imposed a fine of Rs 20,000.Challenging the verdict, Oraon argued before the high court that the procedure followed during his criminal examination had denied him a fair trial.The high court found that the prosecution had put questions to Oraon in English even though he did not understand the language. It also noted that the trial court had recorded his statements in English and that he had affixed his thumb impression to the statements a day after they were recorded.The bench said an accused’s answers could prejudice his defence if the questions put to him and the circumstances against him were not explained in a language he understood. It further observed that the Constitution guarantees every person a free and fair trial.“There was sufficient reason to hold that the circumstances appearing against the appellant had not been explained to him in a language known to him,” the bench said, holding that the lapse had violated Oraon’s fundamental rights.The high court consequently quashed the trial court’s order of conviction and sentence and acquitted Oraon, who had been in prison for the murder case. The judgment was uploaded on Wednesday.
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