AGNU SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction and order of sentence recorded respectively on 25.11.2000 and 27.11.2000 by Shri H.B.P. Sinha, Additional Sessions Judge, Simdega in Sessions Trial No. 32 of 1997 arising out of Simdega P.S. Case No. 53 of 1995.

(2.) The sole Appellant was convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. He was further convicted under Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years, with the observation that both the sentences would run concurrently.

(3.) The prosecution story, as it stands narrated in the Fard Bayan of the informant P.W. 5 (Pokli Devi) recorded on 30.07.1995 before the Simdega Police at her village home Thogipani, was that on the previous day i.e. on 29.07.1995 the co-villager P.W. 9 Kandra Rai Kotwar had given feast at his house and in that feast the host had invited his near dears. The villagers had attended the feast at about 12 O'clock in the day hours but since her husband Naru Singh (since decensed) did not go there, his food was sent to her home. In the evening at about 7 O'clock Kandra Rai Kotwar again came and on his invitation her husband accompanied him to his home. She further narrated that when her husband came out after haying his food from the house of the host, the accused-Agnu Singh @ Bandra, who happened to be the nephew of her husband started assaulting him by inflicting injuries by means of axe. On the alarm raised by her husband, her son Parbhu Singh, aged about 7 years went out of the home and witnesses that Agnu Singh @ Bandra was assaulting his father, opposite the house of Kandra Rai Kotwar. On his alarm, the informant came out with the lantern in her hand and she also witnessed Agnu Singh @ Bandra assaulting her husband on his back, arms and neck by means of axe and had been extending threat that he would kill such person, who would come forward to rescue. She could not rescue her husband and in the meantime he inflicted blows on the neck of Naru Singh. The accused Agnu Singh @ Bandra was giving explanation there that Naru Singh was a big Ojha (witch), who planted ghost in his body, as such, he was suffering from illness which could not be cured hence admitted having committed murder of Naru Singh, The occurrence was witnessed by the witnesses viz. Mandar Singh, Chander Singh and Tilak Singh, all sons of Paltan Singh and the accused escaped after cutting the neck of her husband. The occurrence took place at about 8 p.m. and having received the information the "Mukhia" came to her in the morning to whom she apprised the incident and on his advise while she was about to go to the Police Station to lodge the case, the police came and recorded her Fard Bayan, on the basis of which Simdega P.S. Case No. 53 of 1995 was registered on 30.07.1995 under Section 302 of the Indian Penal Code against the sole accused Agnu Singh @ Bandra. It is relevant to mention that the head of Naru Singh was severed from his trunk and the assailant had taken away the head from the place of occurrence. In course of investigation, the Petitioner was arrested and his confessional statement was recorded before the police, which led to discovery of the axe used in the killing and discovery of the severed head of Naru Singh. After investigation, the police submitted charge-sheet under Section 302/201 of the Indian Penal Code against the accused Agnu Singh @ Bandra and the case was committed to the court of sessions. Charge against the Appellant Agnu Singh @ Bandra was framed under Section 302/201 of the Indian Penal Code by the Additional Sessions Judge, Simdega to which the Appellant pleaded not guilty and claimed his trial.