The Jharkhand High Court has set aside the life sentence of a villager convicted of murder, observing that his statement during trial was recorded in English. Noting that there was no indication that the statement had been explained to him in his mother tongue, the HC said the lapse had violated his right to a fair trial.Further finding that the prosecution had failed to prove the murder charge beyond reasonable doubt, the court acquitted him.On October 1, a division bench of justices Ananda Sen and Pradeep Kumar Srivastava allowed an appeal filed by Chamra Oraon who was convicted under Section 302 of the Indian Penal Code (IPC). The trial court in Ranchi had sentenced him to life imprisonment in April 2018 for allegedly drowning his nephew’s wife in a well in February 2009.Referring to a land dispute between the two sides, the court observed that “it is quite possible that, in order to frame the accused, a mere accident has been given the color of murder”.The HC questioned the way Oraon’s statement was recorded under Section 313 of the Code of Criminal Procedure, which gives the opportunity to the accused to explain the circumstances and evidence presented against them. The judgment noted that Oraon had placed his left thumb impression on the statement, which was recorded entirely in English.The court observed, “The appellant admittedly is a rustic villager, and he is not even literate.” It noted: “His entire statement under Section 313 Cr.P.C is recorded in English. The questions were put in English, and the answers were recorded in English.”The court further observed that there was nothing on record to indicate that the questions and answers had been translated from Oraon’s mother tongue or that the contents had been read out and explained to him in that language.Story continues below this ad“A person who doesn’t even know how to read, write or understand English should not be asked any questions in that language,” the Bench said. The court said an interpreter should have been provided if there was a communication gap or lack of understanding.The court said the absence of such safeguards was a serious lapse in the trial that goes to the root of the matter and shakes the edifice of a fair trial in this case. It concluded that the process of recording the statement had been “reduced to a mere formality”.Holding that the procedure had caused serious prejudice to Oraon, the Bench said it was not appropriate to send the case back to the trial court after such a long period. “The improper recording of the statement under Section 313 Cr.P.C itself is a ground for acquittal,” the judgment said.The HC also examined the prosecution’s evidence which alleged that Oraon jumped into a well holding Parmeshwari Devi, and forcibly pushed her underwater to kill her. The bench found contradictions in the testimony of witnesses, including Jatru Oraon, Devi’s husband.Story continues below this adIt also noted that despite witnesses claiming the deceased had suffered injuries, there were no internal or external mechanical injuries found in the postmortem report.The bench concluded that the prosecution had miserably failed to prove its case beyond the shadow of reasonable doubt.The trial court had convicted Oraon on April 25, 2018, and sentenced him to life imprisonment with a fine of Rs 20,000 on April 27, 2018. The High Court set aside both orders and directed his release.