GOENDA ORAON Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the judgment of conviction dated 11.12.2006 and order of sentence dated 14.12.2006 passed by the Additional Judicial Commissioner, FTC, Khunti in connection with Sessions Trial Case No. 198 of 2005, corresponding to G.R. Case No. 394 of 2004 arising out of Khunti P.S. Case No. 64 of 2004 whereby the appellant has been convicted for the offence punishable under Sec. 302 and 201 IPC and sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for three years respectively. Further he has been convicted under Sec. 4 of Prevention of Witch (Daain Practices) Act, 1999 with a sentence of six months. All sentences to run concurrently.

(2.) The case of the prosecution as it appears from the fard -beyan of the informant Riba Oraon PW -7 recorded on 26.8.2004 at 14:15 hrs is that on 25.8.2004 his father had gone to plough the fields. Later on his mother had taken food and gone there. After giving food to his father she did weeding in the field itself. Around 4 O'clock she gave her cloth bag to his father and told him you go ahead, I will get some fire wood and come later. After his father returned, till 6:00 p.m. she had not returned. They searched a lot but could not find her. Next day at around 9 a.m. When they were searching for his mother they reached near the banks of the Kanchi river then he saw the body of his mother floating in the water. On looking closely it was seen that from the right side of the head a blood flowing wound was there. Thereafter, information was given to the village choukidar. About 6 months from today Goendra Oraon's, son of Mahnai Oraon daughter had fallen ill. He then said that Goenda Oraon had then told him that his mother is a witch (Dian) On this issue he had even assaulted his father and taken his father to the sorcerer (Ojha) at village Salhana. He then made the sorcerer declare his mother as a witch. After returning from the Sorcerer's place, a meeting was called at home, where it was decided that the sorcerer will be called and exorcism will be done regarding witch craft. We called the sorcerer. He exercised the witch from his mother. Even after that he regularly threatened us. It is his firm suspicion that it is Goenda Oraon who has murdered his mother and thrown her into the river.

(3.) On the basis of fard -beyan of Riba Oraon, PW -7 Khunti P.S. Case No. 64 of 2004 was registered under Ss. 302, 201 IPC. The police after due investigation submitted charge -sheet accordingly, cognizance was taken and the case was committed to the Court of Sessions and registered as S.T. Case No. 198 of 2005.