MUNSHI TUDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for appellants Ms. Neharika Majumdar as well as learned Additional Public Prosecutor appearing for the State Mr. Arup Kumar Dey.

(2.) Present appeal is directed against the judgment and order of conviction and sentence dtd. 4/2/2008 passed by learned Sessions Judge, Sahebganj in Sessions Trial Case No. 60/06 for the offence under Sec. 304 (Part I) of the I.P.C. and under Sec. 4 of the Prevention of Witch (Daain) Act, 1999 whereby and whereunder the appellant has been held guilty and sentenced to undergo R.I. of seven years and further sentence to undergo six months R.I. for the offence under Sec. 4 Prevention of Witchcraft (Daain) Act, 1999. Both the sentences have been directed to run concurrently.

(3.) Factual matrix giving rise to this appeal is that on 11/4/2005 at about 07:00 PM Congress Tudu (informant) along with his wife Marang Kuru Basuki was going to the house of Hopan Murmu and as they reached near the house of Munshi Tudu (appellant), then the appellant armed with an axe started abusing to informant's wife by calling her as Daain (Witch) who has played black magic on accused's wife due to which she is ill hand and given repeated axe blows on Marang Kuri Basuki causing her death on the spot and fled away.