RAM TIRKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is against the judgment passed in Sessions Trial No.102 of 2010 by which the appellants have been convicted and sentenced under Sec. 302/34 of the Indian Penal Code and Sec. 4 of Prevention of Witch (Daain) Practices Act.

(2.) As per the FIR, on 2/3/2010, it was Sarhul Festival and informant 'Etwa Tirkey had retired to his bed at night after taking his dinner. At around 8.00 p.m., all the three appellants came inside the house by pushing the door made of Tin, as it was not locked from inside. Ram Tirkey identified the deceased who happened to be the wife of the informant as a witch, and responsible for the death of his wife by practicing black magic about 15 days before the said incidence. The accused persons conjointly assaulted the deceased resulting in her death.

(3.) On the basis of the statement of the informant, Manoharpur P.S. Case No.4 of 2010 was registered under Ss. 452 and 302/34 of the IPC and Ss. 3/4 of the Prevention of Witch (Daain) Practices Act. Police on investigation found the case true and submitted charge sheet. After cognizance and commitment, accused persons were put on trial under these Ss. .