TUFANI BHUIYAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the counsel for the parties on the merits of the appeal itself and the same is being disposed of at this stage.

(2.) The appellants, four in number, were tried before the Additional Sessions Judge, Chatra under various sections of the Indian Penal Code (shortly I.P.C.) including the offence punishable under Section 302, I.P.C. The learned trial Judge, finding the appellants guilty under Sections 302, 323 & 324 with the aid of Section 149, I.P.C., sentenced all of them to imprisonment for life and also to pay fine of Rs, 5000/- each. Bandhu Bhuiyan, appellant No. 2 was sentenced to two years R.I. under Section 324, I.P.C. He was also directed to suffer two years R. I. under Sections 147 and 148, I.P.C. For the offence under Section 304, I.P.C. each of them was directed to suffer imprisonment for a period of one year. The learned trial Judge directed that Jf the amount of fine is collected Rs. 18000/- will be paid to the family of the deceased as compensation and that, in default of payment of fine, each of them shall undergo imprisonment for a period of six months. Further direction was given that the sentences of imprisonment will run concurrently. Period of sentence already undergone was also ordered to be set off.

(3.) The facts of the case are thus : P.W. 2, Mewalal Bhuiyan is the son of Kishun Bhuiyan who is the deceased. P.W. 3, Sitwa Devi is the mother of P.W. 2 and wife of Kishun Bhuiyan. The appellants are related with the deceased and were residing in the same premises. The case of the prosecution is that the deceased was a witch and he is responsible for the death of the wife of Charan Bhuiyan. It is said that witchcraft was the motive for which the unfortunate incident took place at about 7 p.m. on 30-7-86.