GOPAL BAGTI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant appeals are directed Judgment of conviction dtd. 3/4/2006 and order of sentence dtd. 4/4/2006, passed by learned Additional Sessions Judge, Fast Track Court-I, Chaibasa, in Sessions Trial No.227 of 2004 arising out of Bandgaon P.S. Case No.14 of 2004 (G.R. Case No.131 of 2004) registered under Sec. 302 of the Indian Penal Code and under Ss. 3/4/5/6 of the Prevention of Witch (DAAIN) Practices Act for committing murder of Soma @ Nathu Ram Munda and his wife Bangi Mundarin by which the appellant has been convicted under Sec. 302 of the Indian Penal Code (IPC) and have been directed to undergo imprisonment for life for the offence under Sec. 302 IPC.

(2.) This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case. The prosecution story in brief as per the allegation made in the First Information Report reads hereunder as :-

(3.) According to the fardbeyan of the informant Jawani Mundarin daughter of Soma Nathu Ram Munda on the preceding night (14/6/4) after taking food she went to sleep in the room along with her mother while her father slept in another room. In the mid night about 1"o" clock one person forced upon the door of the room and entered. She enquired and came out of the room. It was raining outside. He asked her to put on light. In the light she identified him as Gopal Bagti who lived in Bandgaon. He was carrying Chapad (sharp edge weapon) in his hand.