SIMON BARLA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal arises out of the judgment and order of conviction and sentence dated 22.06.2002 and 25.06.2002 respectively, passed by the Sessions Judge, Simdega in Sessions Trial No. 47 of 2000, arising out of Thetai Tangar P. S. Case No. 28 of 1999 corresponding to G. R. No. 270 of 1999 convicting the appellant No. 1 Simon Barla under Section 302/34 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs. 500/-, in default to undergo rigorous imprisonment for one year and convicting the appellant No 2 Civil Barla under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and pay a fine of Rs. 500/- and in default to undergo rigorous imprisonment for one year.

(2.) The prosecution case in short is that the informant P. W. 5 Ciril Ekka lodged ferd-beyan before the officer-incharge, Thetai Tangar P. S. on 08.11.1999 at 9.00 a. m. that in the previous evening i. e. on 07.11.1999 at about 05 p. m. , his wife aged about 35 years(deceased) went to fetch water from a hand-pump situated near the house of P. W. 4 Teofil Ekka. He and his brother P. W. 6 Tanis Ekka rushed towards hand-pump on hearing the cry and saw that appellant No. 1 Simon Barla was holding his wife after throwing her on the ground and appellant No. 2 Ciril Barla was severing her neck. When these P. Ws. went there, the appellants threatened them. The head of wife of" the informant was cut. The appellants chased these P. Ws. for assaulting them due to which they fled away. It is then alleged in the F. I. R. that reason for that incident was that about four years back, the appellants called the deceased as 'Dian' (witch) for which there was a panchayati and the matter was settled, but about 15 days back, the son and the daughter of appellant No. 2 Ciril Barla died due to which the appellants cut her neck thinking that she had haunted witch-craft.

(3.) The prosecution examined altogether eight witnesses. PW-1 is a formal witness. He is the witness to the seizure of blood stained soil. P. Ws. 1 and 2 are hostile witnesses. P. W. 3 is Dr. K. D. Choudhary, who conducted post-mortem on the deceased. P. W. 4 is inquest witness. P. W. 5 is the informant who is an eye witness. P. W. 6 is the brother of the P. W. 5 and he is also an eye witness. P. W. 7 is a witness who saw the dead body near hand-pump. P. W. 8 is Investigating Officer.