BHAKTU GORAIN Vs. STATE

JUDGEMENT

(1.) Introduction Deep rooted prejudices and superstitious beliefs of the Middle Ages have not yet died down amongst the die-hard members of the tribal community even on the threshold of the millennium. That is why towards the last decade of the nineteenth century in a remote hamlet of Purulia district a sexagenarian tribal widow was done away with by some of the co-villagers in a ruthless manner in the presence of her siblings, other family members and co-villagers since it was suspected that because of her witchcraft a fellow villager's wife suffered protracted ailments. Background Facts

(2.) About more than two decades and a half ago in the early hours of the autumn morning one Keshari Mahatani was targeted for her magic power having evil effects upon family members of the villagers. Having been intercepted on her way back from a nearby pond accompanied by Bijoli Mahato, her daughter - in - law, PW 4 she was gheroed on all sides by the afore-named five accused armed with Tabla, Tangi and lathi. In response to their hue and cry, her two sons, other relatives and co-villagers reached the P.O. and witnessed a dastardly attack perpetrated on the wretched widow causing her instantaneous death. Accused, however, made good their escape. Such a ghastly murder was a fall out of yesternight's altercation between the victim and accused who had been to her house for extending threat over the issue of exercise of magical powers causing evil effects upon the villagers. Registration of Police Case &

(3.) Pursuant to an FIR, portraying gruesome details of the tragic incident lodged by Laxmi Mahato, PW 1, the eldest son of the unfortunate victim, Jhalda P.S. Case No. 110/93 dated 27.03.93 under section 302/34 IPC was registered for investigation and the case was endorsed to S.I. of Police B.B. Samaddar for investigation. In course of investigation the I. O. since deceased examined the available witnesses and recorded their statements under section 161 Cr. P.C. He also seized the incriminating weapon 'Tangi' under a proper seizure list in the presence of local witnesses. A sketch map of the P.O. was also prepared by him. He also collected P.M. Examination Report during investigation. On completion of investigation he submitted charge-sheet under section 302/34 IPC against all the FIR named five accused.