LOVELY DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant Lovely Devi has been found guilty for an offence punishable under Sec. 307 of Indian Penal Code and sentenced to undergo R.I. for 10 years as well as to pay fine of Rs. 50,000.00 and in default of payment of fine, to undergo S.I. for 06 months, additionally with a further provision of set off regarding the period having undergone during course of trial in terms of Sec. 428 of Code of Criminal Procedure by the Addl. Sessions Judge-III, Purnea in S.T. case no. 1469 of 2012.

(2.) Victim Babli Kumari gave her fardbeyan on 03.07.2012 at Sadar hospital, Purnea disclosing therein that on 02.07.2012, Baby Kumari and Lovely Devi had projected themselves to be incarnation of Lord Vishnu as well as Goddess Durga possessing divine power whereupon, so many co-villagers were present for their blessing and during course thereof, she also took away her brother Sukra, as he was suffering some sort of illnesss since before. Baby Kumari took control over him. Then thereafter, both of them had directed her to lie down on earth to facilitate exercising of spiritual power. She accordingly obeyed. Then, thereafter, Lovely Devi picked up dabia and gave dabia blow over her left leg below the knee as a result of which, her left leg got amputated. She began to cry. There was commotion whereupon, both the sisters became violent and stated that whoever will try to catch, they will be murdered. Furthermore, they have directed that immediately, this girl should be buried so that, she could develop ocular power and then, after a week, the girl will be taken out from grave having all sorts of deformities removed. They both projected the aforesaid event in such a way that the persons who were present there were forced to obey whereunder lifted here on 'chachari' however, during midst thereof, police arrived and took her to hospital but during midst of way, she became unconscious. After regaining sense, she gave the fardbeyan.

(3.) On the basis of the aforesaid fardbeyan, Damdaha PS case no. 69 of 2012 was registered under Sections 143, 307, 201, 504 of Indian Penal Code and Sections 4, 5, 6 and 7 of Witchcraft Act whereupon investigation commenced which concluded by way of submission of charge-sheet facilitating the trial which ultimately concluded in a manner, the subject matter of the instant appeal holding the appellant guilty while others were acquitted.