MAHESH LOHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned amicus curie appointed by the Court for the sole appellant and the learned Addl. P.P. for the State.

(2.) This jail appeal is directed against the Judgment of conviction dated 2nd February,2006 and Order of sentence dated 04.02.2006, passed by the learned Additional Sessions Judge, (F.T.C.), Latehar, in Sessions Case No. 84 of 2005, whereby the appellant has been found guilty and convicted for the offences punishable under Section 302 of the Indian Penal Code and Section 3/4 of the Prevention of Witch (DAAIN) Practices Act, 1999. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/- only, in default of payment of fine, simple imprisonment for six months for the offence under Section 302 of the Indian Penal Code and rigorous imprisonment for six months and to pay a fine of Rs. 2000/- only, in default of payment of fine simple imprisonment for two months for the offence under Section 3/4 of the Prevention of Witch (DAAIN) Practices Act, 1999, and both the sentences were directed to run concurrently. 60% of the fine deposited was directed to be given to the informant, Gopal Lohra, husband of the deceased.

(3.) Prosecution case is based on the fardbeyan of one Gopal Lohra (P.W.1), the husband of the deceased, wherein he states that on 14.01.2005, he was engaged in digging earth when Kaila Lohra came and informed him that his wife has been struck with Gandasa (sharp cutting weapon) by the appellant and she is lying in injured condition. On the basis of this information he rushed to his house. On reaching the house he saw his wife lying in a pool of blood and there was injury mark on her body. With the help of Kaila Lohra he brought his wife on a cot to Latehar hospital for treatment, where she is being treated. He states that the appellant is his brother who was branding his wife regularly as witch (DAAIN), which was objected by his wife; hence the assaulted his wife.