SIRNUS BAA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the Judgment of conviction dtd. 15/6/2017 and order of sentence dtd. 22/6/2017 passed by the learned Addl. Sessions Judge, Simdega in Sessions Trial No. 191 of 2013, whereby and whereunder, the appellant having been found guilty of charge under Ss. 449 and 302 of the Indian Penal Code and Sec. 3/4 of the Prevention of Witch (DAAIN) Practices Act, 1999 and has been convicted and sentenced to undergo imprisonment for life and fine of Rs.10,000.00 for the offence under Sec. 302 IPC and other sentences for the other offences.

(2.) The learned counsel for the appellant submits that the entire case is based on the testimony of the sole eye witness i.e. P.W. 6, who is none but the son of the deceased. He also submits that on the basis of the sole eye witness, it would not be proper to convict the appellant for commission of the offence under Sec. 302 IPC. It is his contention that the motive of murder has not been spelt out. He further argues that all the other witnesses are related witnesses. The I.O. never seized the blood stained earth nor the murder weapon. He also argues that the behaviour of P.W. 6 was suspicious as he had seen his mother being attacked, but surprisingly he did not take any step to save her.

(3.) Counsel for the State submits that P.W. 6 is the eye witness of the occurrence and the natural witness as the entire occurrence had taken place inside the compound of the house of the deceased. He also argued that admittedly there was no outsider in the house. It is his further contention that P.W. 1 also stated that at that point of time, the informant was present in the house. He lastly submits that the medical evidence also supports the ocular evidence, thus there is no question of acquitting the appellant.