ASHOK PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All the four appellants were put on trial on the charge of committing murder of Jamuni Devi as well as for committing offence punishable under Section 3 of the Prevention of Witch (Dian) Practices Act, 1999. The trial court having found the appellant-Ashok Paswan guilty for committing murder of said Jamuni Devi convicted him for the offence punishable under Section 302 of the Indian Penal Code whereas, the other appellants, namely, Ganesh Paswan, Yogendra Paswan and Rita Devi were convicted under Section 302/34 of the Indian Penal Code and further all the appellants were convicted under Section 3 of Prevention of Witch (Dian) Practices Act, 1999 vide judgment dated 23rd August, 2005 and each of the appellants were sentenced to undergo imprisonment for life and further to undergo rigorous imprisonment for 3 months vide order dated 23rd August, 2005.

(2.) The case of the prosecution, as has been made out in the Fardbayan, is that on 13.9.2002 at about 6.30 P.M. all the appellants came to the house of the informant-Bhagal Ram (P.W.-10) and took his wife-Jamuni Devi (deceased) by dragging to the house of one Rapho Bibi @ Rakho who told them that she (Jamuni Devi) is the woman who got Chanarik Paswan (father of the applleantAshok Paswan) killed by playing witch craft. Thereupon, the said Ashok Paswan alongwith other appellants took Jamuni Devi to a lane where appellantAshok Paswan slit the neck as a result of which she died.

(3.) The Doctor issued postmortem examination report (Exhibit-2) with an opinion that the death was caused due to shock and hemorrhage, on account of the aforesaid injury which might have been caused by 'Chhura'.