GUMID MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant is before this Court against the judgment of conviction and sentence under Sec. 302 of the IPC and Sec. 3/4 of Prevention of Witch (Daain) Practices Act, 1999.

(2.) Informant- Sanat Murmu is the son of the deceased. As per the FIR, he was not at home at the time of the incidence and had gone out of village. He received information on 22/5/2013 at around 6 O' clock in the evening, that his mother had been killed by his uncle Gumid Murmu by a sharp-edged weapon. On this information when he came there, he found her dead body to be lying on the ridge of the homestead (bari) of the appellant. She had sustained bleeding injury over her head. Appellant used to identify and brand the deceased as witch, which was the proximate cause for committing the offence. After the incidence, deceased fled away with his entire family after locking the door. Incidence was seen by Sonamuni Tudu, who happened to be the wife of the informant's brother.

(3.) On the basis of the written report, Barhait P.S. Case No.88/13 was registered under Sec. 302 of the IPC against the appellant on the very same day of the incidence. Police on investigation, found the case true and submitted charge sheet and he was put on trial under Sec. 302 of the IPC and Sec. 3/4 of Prevention of Witch (Daain) Practices Act, 1999.