CHANGO BODRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present appeal has been preferred by the original accused-appellants against the judgment and order of conviction and sentence dated 21st June, 2003 and 23rd June, 2003 respectively, passed by learned Additional Sessions Judge (F.T.C.-II), Chaibasa, in Sessions Trial No. 80 of 2002, arising out of Bandgaon P.S. Case No. 36 of 2001, whereby and whereunder, all the appellants have been convicted for the offence under Sections 148/302/149 of the Indian Penal Code and also under Section 3/4/5 of the Prevention of Witch (Daain) Practices Act and each of them have been sentenced to undergo rigorous imprisonment for three years for the offence under section 148 of the Indian Penal Code, rigorous imprisonment for life for the offence under Section 302/149 of the Indian Penal Code and rigorous imprisonment of a period of three months for the offence under Section 3/4/5 of the Prevention of Witch (Daain) Practices Act. However, all the sentences have been ordered to run concurrently.

(2.) IF the case of the prosecution is unfolded, the facts are as under:

(3.) IT is further submitted by the learned counsel for the appellants that P.W. 3, who is wife of P.W. 2, namely, Birsi Bodra, has stated in her deposition that she was also in the house and outside the house there was no light. She has further stated that there are several big trees outside the house. Learned counsel for the appellants has stated that there is also allegation of firing by one of the appellants, but, there is no fire arm injury upon anyone i.e. neither to P.W. 2 nor upon the deceased. In her cross-examination, this witness (P.W. 3) has also stated that about the incident, the villagers had informed her. Therefore, P.W. 3 is also not an eye witness and, thus, she is not a reliable witness.