MINU ORAON Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal arises out of judgment of conviction and sentence dated 30.10.2002 and 31.10.2002 respectively passed by learned Additional District and Sessions Judge, Fast Track Court -III, Gumla, in Sessions Trial No. 175 of 2002, in connection with Ghagra P.S. Case No. 31/02, G.R. Case No. 231 of 2002, whereby and whereunder, the learned Additional District and Sessions Judge has convicted the appellant under Sections 302 and 324 of the IPC and 4 of Prevention of Witch(Dian) Practices Act and sentenced him to undergo R.I. for life under Section 302 of the IPC and also fine of Rs.2000/ - (Two Thousand). In default of payment of fine, rigorous imprisonment for 3 (Three) months. Further sentenced to R.I. for 1 (one) year, under Section 324 of IPC, and R.I. for 3 (Three) months under Section 4 of Prevention of Witch(Dian) Practices Act. The sentences so passed were directed to run concurrently.

(2.) Prosecution case as per the fardbeyan, in brief, is that on 22.4.2002 at about 11.30 a.m. at village Etcha Dhanka Toli, police station - Ghagra, District - Gumla, the informant Nunua Devi, her husband Sukra Oraon (deceased) and Bihar Oraon were chatting in the house of the informant. Meanwhile, Minu Oraon @ Chuma Oraon (appellant) arrived there armed with sword and assaulted Sukra Oraon by means of sword on his face, head, neck and other parts of the body. Bihar Oraon tried to save Sukra Oraon but the appellant also assaulted Bihar Oraon on his forehead above the eyebrow. It has been further stated that Bihar Oraon came to the house of the informant and asked for water and after drinking water, he was chatting with her husband at the time of the incident. Bihar Oraon on sustaining injury fled away from the house of the informant. Sukra Oraon succumbed to the injuries. The motive behind the occurrence was that the appellant had been suspecting that due to witch practices of Sukra Oraon (deceased), death of son of the appellant occurred. The informant gave her fardbeyan to S.I., Ashok Kumar of PS Ghagra, at her residence on 22.4.2002 at

(3.) 00 p.m. 3. On the basis of fardbeyan, a formal FIR was drawn. S.I. Ashok Kumar of Ghagra PS prepared the inquest report (ext. 6) and recorded the farebeyan of the informant Nunua Devi. Thereafter S.I. Mushaq Ali partly investigated the case. The police after due investigation, submitted charge sheet against the appellant under Section 302, 324 of the IPC and under Section 4 of PWP Act in the Court of C.J.M., Gumla, and after cognizance the case was committed to the Court of Sessions.