BIRENDRA KANDULNA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Birendra Kandulna @ Bicha Kandulna was put on trial in Sessions Trial Case No. 218 of 2011 on the charge of committing murder of Rasanti Kandulna, attempting to murder Dayal Kandulna, and calling Rasanti Kandulna daain and causing physical and mental torture to her which constitute the offence under section 3/4 of the Prevention of Witch (Daain) Practices Act, 1999.

(2.) The case of the prosecution is that the appellant was nurturing a doubt that his 3 years' old son had died due to witch craft practiced by Rasanti Kandulna and to take revenge in the morning of 13.04.2011 he came to the house of Dayal Kandulna and killed Rasanti Kandulna with a Farsa. When Dayal Kandulna, her husband, tried to save her the appellant aimed a Farsa blow on his neck which he warded-off but in the process got his hand injured. On the basis of the fardbeyan of Dayal Kandulna recorded at about 10:15 AM on 13.04.2011 by Bandhanu Oraon, Sub-Inspector of Police of Manoharpur P.S. at Manoharpur Primary Health Center, Manoharpur P.S. Case No. 17 of 2011 was lodged against the appellant under section 302 and section 307 of the Indian Penal Code and section 3/4 of the Prevention of Witch (Daain) Practices Act, 1999 and after the investigation a charge-sheet was filed against him for the aforesaid offences.

(3.) During the trial the prosecution has examined nine witnesses out of whom Bandhan Kandulna PW-4, Gabrial Bhengra PW-5, Birsa Tirkey PW-8 and Gopal Singh PW-9 are the hearsay witnesses. Dr. Dilip Kumar Sinha, PW-2, has conducted the post-mortem examination over the dead body of Rasanti Kandulna and Dr. Bhaskar Mahato, PW-7, has examined Dayal Kandulna and prepared his injury report. The investigating officer has been examined as PW-6.