ROHIT NAYAK, Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant, namely, Rohit Nayak has suffered conviction and sentence of R.I. for life under section 302 of the Indian Penal Code for committing murder of Bishari Nayak, who was aged about 35 years and R.I. for three months under section 3 & 4 of the Prevention of Witch (Daain) Practices Act.

(2.) On the basis of the fardbeyan of Sanat Nayak @ Mantu Nayak which was recorded in the morning of 23rd October, 2005 at about 5:30 a.m. at village Udaypur , Nichetola, Sonua P.S. Case no. 43 of 2005 was registered against the appellant under section 302 of the Indian Penal Code and under section of the Prevention of Witch (Daain) Practices Act, 1999 .

(3.) In his fardbeyan, the informant has stated that at about 5:00 p.m. the previous evening, his elder sister-in-law told him that a crowd has gathered near the house of Golak Bihari Nayak. When he had gone there he has seen that his sister was lying and the appellant was pressing neck of his sister by sitting on her chest in a field situated on the northern side of the house of Golak Bihari Nayak. Finding him coming there the accused fled away and by that time his sister had died. After some time, brother of the informant also came there. They called the villagers and sent information to the police station through the chaukidar.