GANSHU ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 18th September,2004 and 20th September,2004 respectively passed by learned Additional District & Sessions Judge, F.T.C.-II, Gumla in connection with Sessions Trial no.289 of 2003 corresponding to G.R. no.443 of 2003 arising out of Gumla P.S. Case no.142 of 2003, whereby the appellant has been held guilty for the offences punishable under sections 302 of Indian Penal Code and section 3/4 of the Prevention of Witch (Dian) Practices Act and sentenced to undergo rigorous imprisonment for life, but no separate sentence under section 3/4 of Prevention of Witch (Dian) Practices Act has been inflicted against the appellant.

(2.) The fact emerging from the fardbeyan of Sumitra Devi recorded on 10.07.2003 at 16.15 hours at Village-Dhangaon Gajatoli is that on 10.07.2003 at about 11.30 A.M., Thibha Mahli(P.W.2) informed that her mother-in-law (Bachan Devi) has been killed by Ganshu Oraon (appellant). It is disclosed that Ganshu Oraon was under impression that deceased-Bachan Devi is a Witch and under that impression, he has killed her. After receiving such information, the informant rushed to Village-Dhjangaon Gajatoli and found her mother-in-law lying dead in the field and she was having cut injury on her neck. The appellant was caught hold by the villagers and he was also subjected to assault.

(3.) Charges under section 302 I.P.C. and section 3/4 of the Prevention of Witch Craft Act were framed against the appellant to which he pleaded not guilty and claimed to be tried.