LAWS(MPH)-2018-2-346

JAISINGH & ORS Vs. STATE OF MADHYA PRADESH

Decided On February 14, 2018
Jaisingh And Ors Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 30.08.1995 passed by the Second Addl. Sessions Judge, Seoni in Session Trial No. 14/1994 whereby the appellants have been convicted under Section 302 and sentenced to undergo R.I. for life & fine of Rs. 5000/- and under Section 447 of the Indian Penal Code & sentenced to undergo R.I. for 3 months with default stipulations.

(2.) The prosecution story in brief is that the deceased was living in village Runsai ka tola which was inhabited by tribal. They had a belief that deceased used to perform witch-craft (witchery) and due to the act of deceased, Ramkishan's father Ratnu had died on 28.10.1993. On the basis of aforesaid incident of death of Ratnu, family members of Ramkishan had a strong belief that Ratnu died due to witch-craft performed by Santram (since deceased). Due to the aforesaid belief, the accused persons came armed on the spot. At that time deceased Santram was sitting in the courtyard (angan) of his house, the accused persons had inflicted injuries on the person of the deceased. He died on the spot. Report of the incident was lodged at police station. Police conducted investigation and filed charge-sheet. Appellants abjured guilt during trial and pleaded innocence.

(3.) Learned trial Court held the appellants guilty for commission of offence punishable under Sections 302 and 447 of IPC and awarded sentence as mentioned above.