MUNSHI SOREN Vs. STATE OF ASSAM

JUDGEMENT

(1.) A brief narrative of the facts giving rise to this appeal from jail depicts a horrendous and luried scenario of the obsolescent .superstition of witch -hunting taking the toll of the life of an innocent man, Chida Soren and his wife Sumi Mardi. No. 2 Demdema village within the jurisdiction of Gossaigaon Police Station was afflicted with diseases causing the death of several children including two of the appellant Sikiram Soren and three of appellant Som Soren, after short spell of fever. The villagers were obsessed with belief that their co -villager, Chida Soren was an imp and his wife Sumi Mardi a witch. The villagers thought that they cast evil spirits on the children of the village, several of whom fell ill and died. On 18 -8 -1975 at nightfall the villagers gathered in a meeting in an open space of the village. Deceased Chida Soren also attended as he was called to come to the meeting. It is the prosecution case that appellant Som Soren, , Munshi Soren, Sikiram Soren and one Barka Soren (since deceased) attended the meeting being armed with short lathies concealed under their wearing clothes. The evidence discloses that deceased Barka Soren was - the real brother of deceased Chida and the other three appellants before us are the cousins of the deceased. It is alleged that the appellants and Barka Soren charged Chida Soren and his wife Sumi Mardi as 'Daini' (witch) and then all the four started beating Chida Soren with lathies which they secretly carried. Chida Soren died instantaneously on the spot. The same persons then went to the house of Chida Soren and beat his wife Sumi Mardi to death. Early next morning Barka Soren, Sikiram Soren and Som Soren appeared before the Offlcer -in -Charge of Kochugaon Police Out -Post. Barka Soren informed the police officer that Sikiram Soren and Som Soren had beaten Chida Soren and his wife t0 death. The said Barka Soren also delivered two lathies to the police officer. Sometime thereafter P. W. 3, Jetha Soren, son of deceased Chida Soren and Sumi Mardi went to the same Police Officer with some co -villagers and submitted a report on the killing of his parents by the accused persons. The Police Officer took up the investigation on the report of Jetha Soren. He arrested all the four witch -hunters and produced them before the Sub -Divisional Judicial Magistrate, Kok -rajhar on 20 -8 -1975 and they made confessional statements on 22 -8 -1975 before a Magistrate. During the course of investigation the dead bodies of the deceased were sent for post -mortem examination and P. W. 12, Dr. B. H. Bhat -tacharjee held the autopsy on them. After completion of the investigation the four of the accused -persons were charge -sheeted.

(2.) ACCUSED -appellants Som Soren, Munshi Soren, Sikiram Soren and also Barka Soren were charged under Section 302/34 I.P.C. Accused -person pleaded not guilty to the charge and accordingly they were put on trial. Accused Barka Soran died before the evidence was recorded. The appellants denied to have attended the meeting of the villagers or to have killed Chida Soren and his wife Sumi Mardi by beating them with lathies. Their further plea is that they were compelled to confess before a Magistrate, being assaulted by the police and that their confessional statements are neither voluntary nor true. During the trial prosecution examined 13 witnesses in the case and on consideration of the evidence on record the trial Court convicted the appellants under Section 302 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life. Hence this appeal.

(3.) THE death of the two deceased persons are not disputed. P. W. 12 Dr. B. H. Bhattacharyya performed the autopsy on the two deceased persons on 21 -8 -1975. He records the following injuries on the person of Chida Soren.