NAND KISHUN MURMU Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 29th June, 2004 passed by the then learned 1st Additional Sessions Judge, Pakur, in Sessions Case No. 130 of 2003 whereby and whereunder the court, having found the appellant guilty for committing murder of Miru Hansda by taking her to be a witch, convicted him for the offence punishable under Section 302 of the Indian Penal Code and also under Section 4 of the Prevention of Witch (Dian) Practice Act and sentenced him to undergo imprisonment for life under Section 302 I.P.C. and to pay a fine of Rs. 5,000/ - with default clause and further to undergo imprisonment for six months for the offence under Section 4 of the Prevention of Witch (Dian) Practice Act. Both the sentences were ordered to run concurrently.

(2.) THE case of the prosecution is that on 23.07.2003 at about 6.00 - 6.30 p.m. while the deceased was returning home from field and reached near the farm (Khalihan) of this appellant, the appellant assaulted her with lathi causing injury resulting into his death.

(3.) MEANWHILE , the I.O. recorded the statements of the witnesses. He also arrested the accused, who confessed his guilt and his confession led to recovery of a Danda, in presence of P.W. 2 -Robin Murmu and P.W 8 -Maheshwar Tudu, over which, blood mark was there.