LAKHINDER KOIRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal was originally preferred by three appellants including Haripado Koiri, who died during the pendency of appeal and consequently, appeal was declared as abated against him vide order dtd. 7/2/2019.

(2.) Informant (P.W. 6) is the son of the deceased. As per the fardbeyan, recorded on 4/8/1998 when the informant was not at home, the appellants branded his mother as witch and attributed the illness of his mother to witch craft having been practiced by her. When the informant and his brother returned home at night, it was informed by his brother's wife that Mahesh Koiri was identifying his mother as a witch. Informant raised objection at this with the appellants, who conjointly entered into his house with sword and other sharp cutting weapons and started assaulting the informant and grievously injured him. Thereafter, they assaulted his mother who was sitting in the courtyard, inflicting injury over her neck. When his younger brother Govind Koiri rushed to her rescue, he was also assaulted by them. When people started gathering there, they fled away.

(3.) On the basis of the fardbeyan, Ranchi Sadar P.S. Case No.47/98 was registered under Ss. 448, 324, 307, 302/34 of the IPC against these appellants. Police on investigation, found the case true and submitted charge sheet. All these appellants were put on trial for the offences under Ss. 302, 307 and 452 of the IPC.