LUKHIN HEMBROM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dtd. 4/2/2017 and order of sentence dtd. 6/2/2017 passed in Sessions Trial No. 74 of 2012 arising out of Jarmundi P.S. Case No. 217 of 2011, G.R. No 1560 of 2011 by the court of Learned District and Additional Sessions Judge-III, Dumka whereby and whereunder the appellant has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code and has been sentenced to undergo imprisonment for life with a fine of Rs.25,000.00 (Rs. Twenty-Five Thousand) and in default of payment of fine, further directed to undergo S.I. for additional period of 3 months.

(2.) The brief story as unfolded in the fardbeyan (Ext.3) of the informant Mahalal Hembrom (P.W.5) which is recorded by S.I. Ram Pravesh Kumar o/c Jarmundi P.S. on dtd. 15/12/2011 at 19:15 Hrs. at the house of Late Putilal Hembrom Vill.- Kanhaiyapur is as under:

(3.) On the basis of the fardbeyan of the informant (P.W.5), Jarmundi P.S. Case No. 217 of 2011 dtd. 15/12/2011 was registered for the offence under Sec. 302 of the Indian Penal Code and 3/4 of the Prevention of Witch Craft Act against the appellant and after completion of investigation, the Investigating Officer submitted charge-sheet No. 09 of 2012 dtd. 31/1/2012 in this case against the accused Lukhin Hembrom @ Bhara under Sec. 302 of the IPC and under Sec. 3/4 of the Prevention of Witch Craft Act. Accordingly, the cognizance for the offence under the aforesaid Sec. was taken against the appellant and the case was committed to the court of sessions as per order dtd. 30/4/2012.