FAGUWA PAHAN @ PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction dated 24.01.2007 and order of sentence dated 27.01.2007 passed by the 1st Additional Judicial Commissioner, Khunti, in S.T. No. 62 of 2003, whereby the appellant having been found guilty of the charges under Section 4 of the Prevention of Witch Practice Act, 1999 as well as under Section 302 Indian Penal Code, has been sentenced to undergo R.I. for six months under Section 4 of the Prevention of Witch Practice Act, 1999 and has further been sentenced to undergo imprisonment for life under Section 302 Indian Penal Code, besides a fine of Rs.20,000/ - to be payable in favour of the informant. All the sentences have been directed to run concurrently.

(2.) The case of the prosecution, in brief is that, on 20.05.2002, while the informant -Basanti Pahan (P.W.6) after taking meal along with her husband was doing domestic work, at about 3 p.m., appellant - Faguwa Pahan @ Pandit along with co -accused Turi Lede Pahan and Laluwa Pahen, all armed with axes (tangi), came there and started abusing the informant alleging her to be witch and also challenged her to come out of the house. Upon it, Informant's husband -Bagaru Pahan (deceased) came outside of the house and protested and also forbade the accused to abuse. Thereafter appellant -Faguwa Pahan @ Pandit inflicted tangi blow on the head of the Bagaru Pahan. Seeing this, the informant rushed out of the house to save her husband, but appellant -Faguwa Pahan assaulted the informant by means of tangi due to which she sustained injuries on her both hands. Since she had tried to ward of the blow, her left thumb was severed from its root. All the accused wanted to kill the informant too, but she ran away towards the village to save her life. After a while when she returned back, she found her husband - Bagaru Pahan lying dead having injuries on his person. The A.S.I. of Karra police station, on being informed about the incident, reached at the village where fardbeyan of informant - Basanti Pahan was recorded in which she narrated about the incident as has been stated above.

(3.) On the basis of the aforesaid Fardbeyan, Karra P.S. Case No. 18 of 2002 was registered for the offence under Sections 302, 307 and 326/34 of the Indian Penal Code as well as under Sections 3/4 of the Prevention of Witch Practices Act, 1999 against the appellant as well as co -accused Turi Lede Pahan and Laluwa Pahan.