RAJU KHOYA Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the Judgment of conviction dated 21.07.2007 and Order of sentence dated 23.07.2007, passed by the learned Additional Judicial Commissioner, XVIth, Ranchi, in Session Trial No. 44 of 2005, whereby the sole appellant has been found guilty and convicted for the offences under section 302 the Indian Penal Code and Section 27 of the Arms Act, as well as Sections 3/4 of the Prevention of Witch (Daain) Practices Act. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life with a fine of Rs. 5000/- for the offence under Section 302 of the Indian Penal Code, R.I. for 3 years for the offence under Section 27 of the Arms Act and simple imprisonment for a period of three months for both the offences under Sections 3/4 of the Prevention of Witch (Daain) Practices Act, and all the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of one Putul Devi, who is the daughter-in-law of the deceased Rukmani Devi. The occurrence had taken place on 03.08.2004 and it is stated that the mother-in-law of the informant had returned back after sowing paddy seeds. Both mother-in-law and daughter-in-law sat at the door of the house and after sometime the mother-in-law was washing the mud off her feet, when suddenly the accused Raju Khoya came there armed with pistol. Her mother-in-law started fleeing away, but Raju Khoya fired pistol upon her, injuring her near chest and he fled away. She fell down at the door of the house. The informant tied the wound of her mother-in-law with cloth and with the help of other persons, was taking her to the hospital, but in the way the accused again came armed with pistol, whereupon they started fleeing away. Her mother-in-law also tried to flee away, but the accused again fired pistol upon the back of her mother-in-law. The villagers tried to chase and apprehend the accused, but he threatened them with pistol and thereafter, he fled away. Her mother-in-law was brought to R.I.M.S., Ranchi, where she was declared dead. The informant has also stated in the fardbeyan that the accused was keeping ill, and he suspected that he was ill due to the witchcraft practiced by her and her mother-in-law. It is also alleged that in the previous night also, the accused had come at their house and he bolted the door from outside, saying that they were sleeping peacefully making him mentally ill, but the accused was taken away by his wife saying that he has become mentally ill and had not slept for the last two nights. Alleging that the accused had committed the murder of her mother-in-law on the pretext of practicing witchcraft, the fardbeyan was given by the informant Putual Devi, on the basis of which Bariatu (Gonda) P.S. Case No. 127 of 2004, corresponding to G.R. No.2278 of 2004, was instituted for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, and investigation was taken up. After investigation, the police submitted the charge-sheet against the accused.