MAHADEO ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 15/7/2014, passed by Smt. Rita Mishra, learned Additional Judicial Commissioner, III cum F.T.C. (CAW), Ranchi in Sessions Trial No. 404 of 2011/T.R. No. 551 of 2013, by which the appellant has been convicted for the offence under sec. 302 of the Indian Penal Code and Sec. 34; of the Prevention of Witch Craft Act and has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs.2,000.00 and in default of payment of fine he has been sentenced to undergo simple imprisonment for two months. The appellant has further been sentenced to undergo rigorous imprisonment for three months and is also liable to pay a fine of Rs.100.00 and in default of payment of fine, he has been further sentenced to undergo simple imprisonment for ten days for the offence under sec. 3 of the Prevention of Witch Craft Practices Act. The appellant has also been sentenced to undergo rigorous imprisonment for six months and he is also liable to pay a fine of Rs.2,00.00 and in default of payment of fine, he has been further sentenced to undergo simple imprisonment for fifteen days for the offence under sec. 4 of the Prevention of Witch Craft Practices Act. All the sentences imposed are to run concurrently.

(2.) The prosecution case arises out of the Fardbeyan given by Jiyura Oraon to the effect that on 8/4/2011, at about 6.30 A.M, the wife of the informant had gone to Jamuni river for washing her mouth as well as the utensils, at which point of time, Mahadeo Oraon @ Nain (appellant) came with a tangi and struck 2-3 times with the tangi on the head of the wife of the informant, which resulted in her becoming unconscious. In spite of the wife of the informant becoming unconscious, the appellant continued to assault her with kicks and slaps. When the informant who was nearby saw the incident he rushed to the place of occurrence and the others who were nearby namely Bhagwat Bhagat, Gandri Orain and others also came and on seeing them the appellant fled away with the tangi towards Kakaria. The injured was taken to Bero hospital where she was being treated though her condition was stated to be serious. The reason for the occurrence as stated by the informant is that the brother of the appellant was suffering from mental illness for the last one year and the appellant used to say that the wife of the informant who practices witch craft had cast a spell of black magic over his brother. It has further been alleged that the appellant earlier used to issue threats of committing the murder of the wife of the informant.

(3.) Based on the aforesaid allegations, Lapung P.S. Case No. 16 of 2011 was instituted for the offences punishable under Sec. 341, 323, 307 of the Indian Penal Code and Sec. 34; of the Prevention of Witch Craft Practices Act against the sole accused (appellant).