JEETA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court All the aforesaid six appeals arising out of the same impugned judgment were heard together and are being disposed of by this common judgment.

(2.) These appeals are directed against the impugned judgment and order dated 8th December, 2003, passed by the then Judicial Commissioner, Ranchi in Sessions Trial No. 223 of 2002, whereby and whereunder all the appellants having been found guilty for committing murder of two persons namely, Jhugu @ Budhuwa and Bolley Devi, were convicted for the offences under Section 302/34 of the Indian Penal Code and also under Section 4/5 of the Prevention Witch (Daain) Practices Act and were sentenced to undergo R.I. for life for the offences under Section 302/34 IPC and also R.I. for six months and three months respectively for the offence under Section 4 and 5 of the Prevention of Witch (Daain) Practices Act. Both the sentences were directed to run concurrently.

(3.) It is the case of the prosecution that on 24/06/2001 at about 1-1.30 P.M, while the informant Reena Devi (PW-4) was in her house alongwith her father-in-law Jhugu @ Budhuwa Oraon and mother-in-law Bailly Devi, all these appellants namely, Jeeta Oraon, Mongo Oraon @ Bhogo Oraon, Chotu @ Sunil Kachhap, Lodhi Oraon, Madi Kachhap, Sarju Oraon and one Bifal Oraon (brother-in-law of Jeeta Oraon) came inside the house of the informant and started assaulting her mother-in-law by saying that she is a witch. She tried to save her mother-in-law but some of the accused persons caught hold of her. Meanwhile, her father-in-law when tried to save his wife the accused persons assaulted with Lathi on his head as a result of which he became unconscious. Thereafter, they again started assaulting her motherin- law and when she fell down, the appellant Jeeta Oraon, his brother-in-law Bifal (not the appellant) and Madi Kachhap caught hold of her and cut her neck by 'Dauli'. Thereafter, the accused persons after holding out threats to the informant left the place. When the informant found both the persons being killed, she informed to her husband Bhaju @ Aashin Kachhap (PW-1), who informed to the police.