AJIT KUMAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dtd. 23/7/2005 and order of sentence dtd. 26/7/2005 passed by learned Additional Judicial Commissioner 1st, Khunti, Ranchi in Sessions Trial No. 194 of 2002 in connection with Bundu P.S. Case No. 68 of 2001, corresponding to G.R. No. 500 of 2001, Khunti, Ranchi, Jharkhand, whereby and where under the sole appellant has been found guilty u/s 307 and 456 of IPC and under Sec. 3 of the Prevention of Witch (Daain) Practices Act, 1999 and accordingly the appellant was sentenced to undergo RI for five years u/s 307 of IPC, RI for three years u/s 456 of IPC and three months for the offence punishable u/s 3 of the Prevention of Witch (Daain) Practices Act (hereinafter referred as the Act, 1999), however it was ordered that all the sentences would run concurrently.

(2.) Briefly stated the allegations as set out in written report dtd. 5/10/2001 addressed to the officer In-charge Bundu Police Station, Ranchi by the informant Mandodari Devi - P.W. 5 was as under:- On 4/10/2001 at 7 p.m. she was cooking meal inside her house, at the same time accused Ajit Kumar Mahto entered inside the house having malice intention and wanted to outrage her modesty, but the informant protested, thereafter the accused alleged her that she was a witch and he started assaulting her with intention to kill her. She raised alarm. Her children also came out in the courtyard from the room and started crying, her Devar Suresh Mahto and his wife Deomani Devi, Gita Kumari, Bidhayadhar Mahto rushed there, then the accused Ajit Mahto fled away by giving threats and hurling abuses at her. Further, it has been mentioned in the written report of the informant that having sustained injuries on her head she became unconscious. It has also been mentioned that accused Ajit Mahto always used to allege the informant that she was a witch and tortured her. On the basis of the said written report of the informant, the police registered Bundu P.S. Case No. 68 of 2001 against accused Ajit Kumar Mahto for the offence under Sec. 341, 323, 325, 307, 354, and 458 of IPC and 3/4 of the Prevention of Witch (Daain) Practices Act, 1999 and after investigation the police submitted charge sheet against him for the offences under Sec. 341, 323, 307, 354 and 456 of IPC and under Sec. 3/4 of the Prevention of Witch (Daain) Practices Act, 1999, on the basis of which cognizance was taken and the case was committed to the court of sessions, thereafter, this record came to the file of Additional Judicial Commissioner 1st Khunti, Ranchi on 1/10/2002 at the stage of appearance of the accused by the order of the Judicial Commissioner, Ranchi. On 28/5/2003 charges under Sec. 307, 354, 456 of IPC and Sec. 3/4 of Prevention of Witch (Daain) Practices Act, 1999 were framed by the then 1st A.J.C., Khunti against accused Ajit Kumar Mahto to which he denied and pleaded not guilty and claimed to be tried by the court.

(3.) Learned trial court after conducting the full-fledged trial passed the impugned judgment of conviction and order of sentence which is under challenge in this appeal.