SIRKA MUNDA Vs. THE STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the Judgment of conviction dated 11th of January, 2007 and Order of sentence dated 16th January, 2007, passed by learned Additional Judicial Commissioner (F.T.C.), Khunti, in S.T. No. 377 of 2004, whereby, the sole appellant has been found guilty and convicted for the offences 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 imprisonment for life for the offence under Section 302 of the Indian Penal Code and imprisonment for 3 months and imprisonment for 6 months for the offences under Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act respectively. All the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Sukhlal Munda, recorded on 13.04.2004 at about 9.45 am, wherein he has stated that on 11.04.2004, which was a Sunday, at about 7 pm, he heard the noise from the house of his neighbour Soma Munda and when he went there he saw Sirka Munda assaulting Budhni Mundain, the wife of the informant, by fists and kicks. The informant tried to save her where upon the accused told that his wife was practicing witchcraft and gave a kick blow on the stomach of his wife, due to which she died. He has stated that other persons of the village had also seen the occurrence, including his son Jagernath Munda aged about 13 years. The accused thereafter fled away. It is also stated in the fardbeyan that on the last Saturday two year old son of Soma Munda had died due to illness and they were alleging that the child had died due to witchcraft practiced by the deceased, due to which she was assaulted to death. It is also stated in the fardbeyan that the information about the occurrence could not be given in the night and on the next day also he could not inform the police as he was busy in informing his relatives and accordingly, the fardbeyan was recorded on the third day of the occurrence. On the basis of the fardbeyan of the informant, Khunti P.S. Case No. 24 of 2004 corresponding to G.R. No. 177 of 2004, was instituted against the sole accused for the offences under Section 302 of the Indian Penal Code and Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act, and investigation was taken up. After investigation the police submitted the charge-sheet against the accused.