ANIL MAHLI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned senior counsel for the appellant and the learned counsel appearing for the State.

(2.) This criminal appeal is directed against the Judgment of conviction dated 15.5.2008 and Order of sentence dated 16.5.2008, passed by the learned Additional Judicial Commissioner, F.T.C.-VIII, Ranchi, in Session Trial No. 518 of 2004, whereby, the sole appellant has been convicted for the offence under Section 302 of the Indian Penal Code and Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act. Upon hearing on the point of sentence, the appellant has been sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/- for the offence under Section 302 of the Indian Penal Code and R.I. for three months and six months for the offences under Section 3 and 4 respectively, of the Prevention of Witch (Daain) Practices Act. All the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of fardbeyan of one Karma Mahli, the son of the deceased, Ribon Devi. The occurrence had taken place on 17.7.2004 and it is stated in the fardbeyan that at the time of occurrence, the informant along with his wife Karmi Devi and a child was sitting in his verandah and his mother Ribon Devi was sitting in the courtyard and they were talking. In the meantime, suddenly, the accused Anil Mahli came armed with axe and closed the door of the verandah on which the informant and his wife were sitting, and started assaulting his mother. The informant could see the occurrence from the gap in the door and he saw that the accused Anil was assaulting his mother by axe and when his mother fell down, he assaulted her by danda. No one was present nearby. After about 10 minutes, one Ananat Mahli of his village came and opened the door, whereupon the informant and his wife came out and saw his mother dead. By that time Anil Mahli had fled away with axe and Danda. He stated that the occurrence had taken place as on the previous day, 15 days' old child of Anil had died and he used to allege that the mother of the informant was practicing witchcraft and had killed his child. It is also alleged that the accused had also assaulted the informant alleging the same thing, but the informant took it lightly thinking that he had done so in the drunken condition. On the basis of the aforesaid fardbeyan, Bero P.S. Case No. 39 of 2004, corresponding to G.R. No. 2081 of 2004, was instituted for the offences under Section 302 of the Indian Penal Code and Sections 3/4 of the Prevention of Witch (Daain) Practices Act, and investigation was taken up. After investigation, the police submitted charge-sheet against the accused appellant.