ARUN NAYAK AND OTHER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal has been directed against the judgment of conviction and order of sentence dated 8.5.2008 and 22.5.2008, respectively, passed by the Learned Additional Sessions Judge, F.T.C. Simdega, in connection with Sessions Trial No. 74 of 2004, corresponding to G.R. Case No. 115 of 2004, arising out of Bolba P.S. Case No. 08 of 2004 whereby the appellant has been held guilty for the offences punishable under Sec. 302 I.P.C and 3/4 of the Prevention of Witch (Dain) Practices Act and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs. 10,000.00, in default of payment of fine, further imprisonment for three months.

(2.) The fact, which appears from the Fardbeyan of Partima Ekka (Informant) recorded on 19.4.2004 at 9.10 hours at Bolba within district of Simdega, in brief, is that when the informant reached home on 18.4.2004 at about 18.45 hours, she found her mother lying dead having injuries on her person. She was informed by Piter Ekka-(P.W.1) that Arun Nayak has killed Josfina Ekka (mother of the informant) by means of Dawli (sharp cutting weapon). The appellant was suspecting the deceased as Witch (Daain) and that is why he has killed her. On the basis of Fardbeyan of Pratima Ekka, Bolba P.S. Case No. 8 of 2004, under Sec. 302 of the Indian Penal Code was registered, the Investigating Officer after due investigation submitted charge-sheet and accordingly cognizance of the offence was taken and case was committed to the Court of sessions and it was registered as S.T. No. 74 of 2004.

(3.) The charge under section 302 of the Indian Penal Code and section 3/4 of Prevention of Witch (Daain) Practices Act was framed to which the appellant pleaded not guilty and claimed to be tried. The prosecution has examined altogether ten witnesses to substantiate the charges. No witness on behalf of accused has been examined. The learned Additional Sessions judge placing reliance on the evidence and the documents available on record held the appellant guilty for the offence punishable under section 302 of the Indian Penal Code and section 3/ 4 of Prevention of Witch (Daain) Practices Act and sentenced him, as indicated above.