SUNI RAM HEMBRAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY Court - This appeal has been filed against the judgment of conviction and order of sentence dated 11.03.2003 passed by learned 1st Additional Sessions Judge, Dumka in Sessions Case No. 306/2000 convicting the appellant under Section 302 of the Indian Penal Code and Sections 3/4/5 of the Prevention of Witch (daain) Practices Act, 1999 and sentencing him to undergo R.I. for life under Section 302, IPC. No separate sentence was passed under Sections 3/4/5 of the Prevention of Witch (daain) Practices Act, 1999.

(2.) THE prosecution case in short is that the Informant -Parmeshwar Hembram PW 7 (step -brother of the appellant) lodged his fardbeyan before police inter alia saying that on 29.10.1999, he along with his father (PW 3) and mother (deceased), were sleeping in the house. At about 12.30 mid night he woke up on the voice of his mother. He came out from the house and moved towards the sound of his father and mother. He thought that the miscreants were assaulting them. In this situation, he went to the house of one Shibu (not examined) and told him that the criminals are assaulting his mother and father. Then he returned to his house and waited for criminals poar a tree watching the situation. After about 10 minutes, he saw four persons came out from the house and fled away. Thereafter, he went into the house along with the villager, namely. Pran Soren (not examined) and found that his mother was lying dead with several injuries on her person. He started searching his father and saw that he was also in the injured condition. The informant asked his father about the incident on which he told that the criminals have entered into the house and after assault, they tied him with the kot and killed his mother. The informant also found that the jewellery of his mother and utensils were taken away by the criminals. It is further alleged that the reason of dispute was that the father of the informant had two wives. The appellant is the son of first wife who always used to call the informant's mother (second wife) as dain and always threatened her with dire consequences. On the alleged date of occurrence the appellant, after giving threatening to her returned to his house. It is alleged that the appellant, with the help of others, has killed the mother of the informant. It is further said that the informant took his father to the hospital for treatment.

(3.) MR . Satish Kumar Deo learned counsel for the appellant assailed the impugned judgment on various grounds.