MUNDA OREYA ALIAS PAKLU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: Heard Mr. Naveen Kumar Jaiswal, learned counsel for the appellant and Mr. Krishna Shankar, learned A.P.P for the State.

(2.) This appeal is directed against the judgment of conviction dated 22.08.2005 and order of sentence dated 23.08.2005 passed by learned 1st Additional Sessions Judge, Chaibasa, West Singhbhum in Sessions Trial No. 89 of 2005 whereby the appellant has been convicted for the offence punishable under Sections 302 and 201 of the Indian penal Code and under Section 4 of Prevention of Witch (Daain) Practices Act, 1999 and has been sentenced to undergo imprisonment for life for committing the offence punishable under Section 302 I.P.C and also to undergo rigorous imprisonment for seven years for committing the offence punishable under Section 201 I.P.C and further to undergo rigorous imprisonment for six months for committing the offence punishable under Section 4 of Prevention of Witch (Daain) Practices Act. All the sentences were directed to run concurrently.

(3.) The prosecution story, in brief, is that on 15.11.2004 the informant had gone to the house of Ram Manjhi and when he returned to his home at 9.00 p.m. in the night he found the door locked at which he thought that her mother might have gone to attend the Sohrai festival. Thereafter the informant after breaking the lock entered the house but his mother did not return in the night. On the next day at about 6.00 a.m. the maternal uncle of the informant namely Damu Bodra came to his house and informed that the dead body of his mother Mecho Kui is lying in a bush besides a Jackfruit tree. It was also disclosed that she had been killed by the appellant. It is alleged that when he went to the said place he saw the dead body of his mother. This information was given by the informant to the village Munda and on such information with the help of villagers the village Munda caught the appellant. It has also been alleged that the appellant confessed about committing the murder. It has further been alleged that the incident was seen by Pelang Kui- P.W.7. The appellant, who is the uncle of the informant regularly used to abuse the deceased calling her a witch (daain). Based on the aforesaid allegation, Bandgoan (Karaikela) P.S. Case 48 of 2004 was instituted, in which, after investigation charge-sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where charges were framed under Sections 302 and 201 of the Indian Penal Code and also under Sections 3, 4, and 5 of the Prevention of Witch (Daain) Practices Act, 1999 and trial proceeded. In course of trial, altogether 12 witnesses were examined on behalf of prosecution.