STATE OF JHARKHAND Vs. SOHAN MANJHI

JUDGEMENT

(1.) Heard Mr. D.K. Prasad, learned counsel for the appellants and Mrs. Priya Shrestha, learned Spl. P.P. as well as Mrs. Nehala Sharmin, learned Spl. P.P.

(2.) This appeal is directed against the judgment and the order of conviction and sentence dtd. 18/8/2018 (sentence passed on 21/8/2018) passed by Sri Satyendra Kumar Singh, learned Sessions Judge, Hazaribag in S.T. 185/15 whereby and whereunder, the appellants have been convicted for the offences under Sec. 302/34 and 201/34 IPC and have been sentenced to death along with a fine of Rs.10,000.00 each for the offence under Sec. 302/34 IPC and rigorous imprisonment for 5 years along with a fine of Rs.5,000.00 each for the offence under Sec. 201/34 IPC and in default in payment of fine, to undergo 6 months additional simple imprisonment for the offence under Sec. 201/34 IPC.

(3.) The prosecution case arises out of the fardbeyan of Lekhlal Manjhi recorded on 13/11/2014 in which it has been stated that whenever somebody died in the family of Sohan Murmu and Ratilal Murmu, they used to torture the father of the informant by calling him a witch. A few days back, the son of Mohan Murmu and the daughter of Mohan Manjhi had died and Rita Devi the wife of Brijlal who practices black magic had disclosed that Chhotelal was responsible for their death and if Chhotelal is not murdered he will finish off the entire family. It has been stated that about a month back, the wife of Sohan Besra and the wife of Brijlal had assaulted Chhotelal and fractured his hand. It has been alleged that on the same day, i.e., 13/11/2014 Chhotelal was returning from the market when Naresh Murmu, Sohan Manjhi, Ratilal Murmu, Brijlal, the wives of Brijlal, Naresh, Ratilal, Mohan and Sohan came with swords and while the wives of the accused persons tied the hands and legs of Chhotelal Murmu, Brijlal Manjhi and Sohan Murmu with tangi and Naresh Murmu and Ratilal Murmu with danda started committing assault upon Chhotelal. The elder son of the informant Mukhlal Manjhi had seen the accused going towards the jungle with Chhotelal Murmu. The matter was reported to the Chowkidar and thereafter to the Police. Based on the aforesaid allegations, Barkagaon (Urimari) P.S. Case No. 172/14 was instituted under Sec. 302/201/34 IPC. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as S.T. No. 185/15. Charge was framed against the accused under Sec. 302/34, 201/34 IPC and Sec. 3/4 Prevention of Witch (Daain) Practices Act which was read over and explained to the accused in Hindi to which they pleaded not guilty and claimed to be tried.