MONDAL BASKEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellants have preferred this appeal against the decision of the Additional Sessions Judge, Malda in Sessions case no.63 of 1997. They have been convicted under Section 302 read with 34 of the IPC. Appellant no. 1 is also convicted under Section 323 of the IPC. They have both been sentenced to suffer imprisonment for life and payment of fine of Rs. 5000/- each. In default of payment of fine they have been directed to suffer rigorous imprisonment for a further period of six months. Appellant no. 1 has been sentenced to suffer rigorous imprisonment for three months for the offence punishable under Section 323 of the IPC. Both the sentences are to run concurrently in the case of appellant no. 1.

(2.) The scourge of witch-hunting which plagues certain sections of our society has been brought to the fore in this case. The mindless killing of a woman who is suspected to be a witch is reflected from facts which are on record.

(3.) The case of the prosecution is that Dhenu Hembram, the complainant, his wife, Rani Kisku and their two children were sleeping in the verandah of their house, adjacent to the room on the eastern side. His mother, Fulmoni was sleeping in the verandah on the southern side of the room. The complainant heard the sound of the make shift screen (Jhap) of split bamboo and he saw that the appellant no. 1 was aiming to hit his mother with a stick (lathi). The complainant caught the stick and there was a scuffle between him and the appellant no. 1. The complainant received injuries on his head, chest and right hand. From the courtyard the complainant saw the appellant no. 2 inflict a blow with an axe on his mother. Appellant no. 1 also hit the complainant's mother on the head with a lathi. The complaint then cried out aloud. Many villagers gathered there while the two appellants fled away. This incident occurred, according to the complainant, at 11 p.m. as one of the villagers had checked his wristwatch at that point of time. The complainant claimed that his mother's skull was broken and cut with deep injuries which were bleeding. According to the complainant, the wife of appellant no. 2 suffered from various diseases. Appellant no. 2 and his brothers and other villagers went to the 'Palia Mahan' of the village to ascertain why she was inflicted by such diseases. Fifteen days prior to the incident, they were informed by this 'Palia Mahan' that Fulmoni Soren was a witch (Fuksin). According to the prosecution, appellant no. 2 threatened to kill the deceased by way of punishment as she was the root of the evils suffered by his wife. He then left for his father-in-law's house in Bishanpur village. The appellants were arrested and thereafter committed for trial before the Sessions Court. They were charged with having murdered Fulmoni on 28th March, 1989 at 11 p.m. and of causing hurt with an axe to Dhenu Hembram, the complainant in this case.