SHIV NARAYAN SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Both the criminal appeals are directed against the judgment of conviction and order of sentence dated 22.06.2005 and 23.06.2005 respectively, passed by learned Additional Sessions Judge, F.T.C.IV, Garhwa, in connection with ST Case No. 70/03, corresponding to G.R. No. 536/02, arising out of Bhandaria P.S. Case No. 15/02, whereby the appellants have been held guilty for the offence punishable under Sections 302/34, IPC and 201/34, IPC as well as Section 4 of the Prevention of Witch (Daain) Practices Act and sentenced to undergo rigorous imprisonment for life under Sections 302/34, IPC, rigorous imprisonment for seven years under Sections 201/34, IPC and rigorous imprisonment for six months under Section 4 of the Prevention of Witch (Daain) Practices Act. The sentences so passed were directed to run concurrently.

(2.) The facts, reveal from First Information Report, are that on 23.07.2002, in the morning, at about 8:00 a.m., Panbasia Devi (sister of deceased) informed that Sarhulia Devi (deceased) has been missing from her matrimonial home since intervening night of 11th/ 12th July, 2002. She has further informed that Sarhulia Devi might have been killed by her husband Shiv Narayan Singh and villagers, who had branded Sarhulia Devi as witch. Informant has further disclosed that Sarhulia Devi (deceased) was branded as witch by the villagers and she was subjected to torture by them and in that connection, panchayati was held prior to the occurrence. On 24.07.2002, informant with witnesses went to village-Binda and asked Shiv Narayan Singh but no proper reply was given and after interrogation, he has admitted that Sarhulia Devi has been killed with the help of other appellants and they have concealed the dead body at river bank beneath sand. Matter was reported to the police and dead body of Sarhulia Devi was recovered at the instance of Shiv Narayan Singh [appellant in Criminal (Jail) Appeal (D.B.) No. 880 of 2005].

(3.) On the basis of information, given by Harawan Singh (brother of deceased), Bhandaria P.S. Case No. 15/02, under Sections 302/201/34 of the Indian Penal Code and Sections 3/4/5 of the Prevention of Witch (Daain) Practices Act, was registered against the appellants. The police, after due investigation, submitted charge-sheet. Accordingly, cognizance was taken against the appellants and the case was committed to the Court of Sessions and registered as ST Case No. 70/03.