STATE OF ORISSA Vs. THAKUR SINGH MUNDA

JUDGEMENT

(1.) THIS is an appeal under Section 417(1) of the Code of Criminal Procedure against the judgment of acquittal passed by Shri N. Sarangi, Sessions Judge, Mayurbhanj Keonjhar acquitting the Respondent of the charge under Section 302 of the Indian Penal Code in sessions Trial No -23 -K of 1968.

(2.) THE prosecution story ran thus One of the young daughters of the Respondent was suffering from fever and other ailments. As per custom prevailing among the Adibasis of the area, the Respondent worshipped their caste deity and made sacrifices of cocks praying for early recovery of the child. Illness continued in spite of sacrifice of several cocks and the Respondent came to suspect that deceased Palmani had practised witchcraft upon the child. In the evening prior to the date of occurrence the wife of the Respondent had been rebuking the people at large without naming any individual person that there were ladies in the hutment around who practiced witchcraft upon her daughter as a result of which she was not recovering. In the afternoon on 19 -5 -1968 p.w. 1, the husband of the deceased, had been to Baripada to fetch medicine for his eldest son. On his way he dropped into the house of the Respondent and enquired from his wife as to why she was rebuking the previous evening. P.w. 1 was told that her daughter was ill and was not recovering in spite of customary worship to the caste deity. She further disclosed that she was satisfied that there was some witch in the locality who had practiced witchcraft upon her daughter. At about 3 P.M. the deceased had been to the house of Radha Munda (husband of p.w. 2) to fetch some fire to light her oven. She was sitting in front of the house of p.w. 2 by the road side and p.w. 2 was also sitting on her varendah. All of a sudden the deceased cried out that she had been shot by an arrow. P.w. 2 ran to her and found that the arrow had pierced into the chest of the deceased. She noticed that the Respondent was attempting to shoot again. P.w. 2 protested and asked the Respondent to desist. The Respondent thereupon left the place with the bow and arrow in hand. The deceased attempted to walk back to her house but fell dead on the way in the village road. P.w. 3, a young son of the deceased was in the neighbourhood. Hearing the mother 's cry he ran to the spot and found that his mother had (dropped down dead. He ran to inform his father about the Incident. He and p.w. 1 returned to the village and when p.w. 1 was satisfied about the information given to him to be true, he left p.w. 3 and another relation to look after the deed body and ran to the police station. The first information Report (Ext. 1) was lodged that very evening at about 6.35 P.M. After due investigation, the Respondent was charge -sheeted and ultimately committed to stand his trial in the Court of session for the offence under Section 302 of the Indian Penal Code.

(3.) IN support of the prosecution case, II witnesses in all were examined. Of these, p.w. 1, the husband of the deceased was the informant. P.ws. 2 and 3 were the only eye witnesses. P.w. 2 happens to be the wife of one Radha Munda who is said to have seen, the Respondent armed with a bow and arrows and ready to shot the same. This obviously was after the first arrow had been shot. P.w. 3 who is aged about 15 to 16 at the time of occurrence happens to be the son of the deceased and p.w. 1. An extra judicial confession of the Respondent admitting the guilt was sought to be supported by p.ws. 4 and 5. P.w. 7 was the doctor while the other witnesses were either witnesses to seizure or police officers connected with the investigation.