JHABHU HEMBREM Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The Appellant has been convicted under Section 302/34 of the Indian Penal Code and sentenced to RI for life and a fine of Rs. 5,000/- and in default of which RI for six months by the Additional District and Sessions Judge, F.T.C.- VII, Purnea in S.Tr. No. 411 of 2008 arising out of Barhara P.S. Case No. 121 of 207 (G.R. No. 2191 of 2007) by judgment of conviction and sentence dated 21/22.12.2010.

(2.) The case of the prosecution according to the Informant, Tala Tudu, P.W. 1 is that on 20.09.1997 when his wife returned from the fields the accused person came to her house and pointed to her wife accusing to a witch and started compelling her to cure his child. When she protested she was abused and assaulted. The Informant went to intervene but he was also chased and assaulted but somehow he saved himself. His brother was also sought to be assaulted when he intervened. The next day information was given to the police who arrived and in the presence of the dead body in the courtyard of the Appellant fardbeyan was given.

(3.) After having gone through the evidence on record, we find there is complete paucity of any evidence and, hence, decided to acquit the Appellant. In order to justify having reached such a conclusion we would briefly discuss the evidence of the following witnesses:-