BHUKHA ORAON Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction and order of sentence dated 7 th July, 2004 and 8th July, 2004 respectively passed by the Additional Sessions Judge, F.T.C.III, Gumla in connection with Sessions Trial Case no. 166 of 2001 corresponding to G.R. Case no. 260 of 2001, Gumla P.S. Case no. 107 of 2001, whereby the appellant has been held guilty for the offence punishable under sections 302 and 449 of the Indian Penal Code and Section 4 of Witch Craft Prevention Act and sentenced to undergo R.I. for life u/s 302 IPC. However, no separate sentence is awarded under section 449 of the IPC and Section 4 of the Witch Craft Prevention Act.

(2.) The case of prosecution, as per fard beyan (Ext.5) of PW5 Jatru Oraon, is that on 19.4.2001 at about 9:30 a.m. while he was sleeping in his house along with his wife, the appellant came and asked from out side of the house to open the door and gave threatening to kill his whole family if door was not opened. Thereafter, appellant broke open the door and entered into his house and alleged that Bhado Orain is 'Dian' and due to her witch practice his wife died and his two children became orphan. By saying that appellant started to assault his wife by the back portion of tangi. Out of fear PW5 raised alarm, daughter of informant also sustained injury on her head. His wife sustained grievous injuries and died on the spot. On hearing alarm Matius Oraon Pw1 and PW4 Deva Oraon reached on spot. Thereafter, accused appellant fled away. On the basis of fardbeyan of informant PW5, Gumla P.S. Case no. 107 of 2001 dated 20.4.2001 under Section 302 I.P.C. was registered against the appellant. After due investigation, charge sheet was submitted and, accordingly, cognizance was taken and case was committed to the Court of Sessions and registered as Sessions Case no. 166 of 2001.

(3.) The appellant stood charged for the offence punishable under sections 449, 302 I.P.C. and ¾ of Witch Craft Prevention Act to which he pleaded not guilty and claimed to be tried. To substantiate the charges the prosecution has examined altogether nine witnesses and they are as follows: PW1 Marius Oraon, PW2 Bandhan Oraon, PW3 Nobour Oraon, PW4 is Deva Oraon, PW5 informant himself, Pw6 is Doctor Krishna Prasad, PW 7 is Sonia Kumari, PW8 Ram Badan Singh ASI and lastly PW9 is Chaturdhan Pradhan is a formal witness. PW1,4 and 7 are eye witnesses of the case while PW2 and 3 are hearsay witnesses. PW7 is child witness and PW6 is a doctor. PW8 is ASI who proved fardbeyan, inquest report and confessional statement. PW9 is Chaturdhan Pradhan who is formal witness.