HULASH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1.THIS appeal has been directed by the appellants named above against the judgment and order dated 12.8.1996 passed in Sessions Trial No. 365 of 1989 by Sri Subhas Chandra Jha, Additional Sessions Judge, Bermo at Tenughat whereby all the appellants beside3 one Bhikhari Singh were found guilty for the offence punishable under sections 364/34, 342/34,201/34 and 452 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for seven years for the offence under section 364/34 I.P.C., R.I. for three years for the offence under section 452 I.P.C., R.L for six months and two years for the offence under sections 342/34 and 201/34 I.P.C. respectively. All the sentences were, however, ordered to run concurrently. Convict Bhikhari Singh was sentenced to undergo RL for ten years for the offence under section 364/34 I.P.C., R.I. for three years for the offence under section 452 I.P.C., R.I. for six months for the offence under section 342/34 I.P.C. and R.I. for two years for the offence under section 201/34 I.P.C. However, the appellants along with Bhikhari Singh were not found guilty for the offence under section 302 I.P.C. It is pertinent to mention at this stage that convict Bhikari Singh is not the appellant here.

(2.) The prosecution case has arisen on the basis of the F.I.R. of Bhuneshwar Mahto lodged before Gomia P.S., District Giridih on 7.1988 at 12.00 hours regarding the occurrence which is said to have taken place on 6.1988 at 18.00 hours in village Pejua, P.S. Gomia, District Giridih (now Bokaro).

(3.) The prosecution case, in brief, is that three years old son of covict Bhikari Singh had died on 6.1988 in the day and he has levelled the allegation of witchcraft against Ugni Devi, an old woman of 60 years, for causing the death of his son and the said Ugni Devi is the aunt of this informant and the mother of P.W. 4, Teko Mahto and since then convict Bhikari Singh was in search of Ugni Devi and at about 6.00 O'clock in the evening convict Bhikari Singh and appellants Amrit Singh and Bhuneshwar Singh armed with 'Farsa' and 'Subble' forcibly dragged Ugni Devi from her house and brought her to the house of convict Bhikari Singh and had confined her in the room where the dead body of his son was lying and had closed the room and convict Bhikari Singh was uttering that she shall not be let off unless her dead son is made alive. It is alleged that the informant learnt the aforeaid incident from P.w. 1, Dharni Devi, wife of P.W. 4, Teko Mahto when he returned at 7.30 hours on that day from his work in the forest department. The prosecution case further is that when he went to the house of convict Bhikhari Singh he found all the appellants along with convict Bhikhari Singh there and convict Bhikari Singh was armed with a 'Farsa' and she has caused the death of his son and she will be done to death if his dead son is not made alive. It is also alleged that convict Bhikari Singh had tied the hand and leg of Ugni Devi and had confined her in a room with the dead body of his son. The informant thereafter went to the house of Samsuddin Ansari and told him about the occurrence and at his instance he went to Hafiz Ansari, Secretary Gram Lodi and reported the matter to him and Md. Hafiz Ansari asked the convict Bhikari Singh to let off Ugni Devi but all in vain and at the instance of Hafiz Ansari he informed the village Chawkidar Sanichar Turi and thereafter returned to his house and saw Bhikhari Singh carrying the dead body of his son on his shoulder going towards north of the village and the other appellants Were dragging Ugni Devi assaulting her and thereafter they went inside the forest. It is also alleged that he raised alarm but no person of the village came to her rescue. Lastly it has been alleged that convict Bhikhari Singh along with the appellants has taken away Ugni Devi in the forest with intention to commit her murder.