MAJHI SAMAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) NOBODY appears on behalf of the appellant.

(2.) THE prosecution case in short, is that Behra Purty (informant) - PW 2 lodged a fardbeyan on 24.07.1996 at 9.30 p.m. along with the Baijanth Kodang (PW 3) that at about 4 p.m., his mother Jobna Purty (deceased) aged about 45 years and his younger sister Jema Kui purty (PW 1), aged about 18 years were working in the field when the appellant came there hiding an Axe and told Jobna Purty that he wanted to talk to her. Then he went near her and after taking out the Axe hidden in his shirt inflicted injury on the neck of Jobna Purty due to which she fell on the edge of the field. Then the appellant again inflicted tangi blow and killed Jobna Purty. He threatened PW 1, with dire consequences upon which PW 1 rushed to the house and told the informant about the incident. The informant went at the field and found the dead body of Jobna Purty. Appellant had already fled away. The informant further stated that the appellant told before Munda of the village that Jobna Purty had practiced witchcraft on the leg of the appellant due to which there was swelling in the leg and therefore, he killed Jobna Purty. The occurrence was seen by one Mandu Purty also. On this fardbeyan, First Informant Report was registered.

(3.) ON the other hand, counsel for the State supported the impugned judgment.