MATAL MURMU AND OTHERS Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellants, who are in custody, are aggrieved by the judgment of conviction and Order of sentence dated 09.02.2007, passed by the learned 1st Additional Sessions Judge, Pakur, in S.C. No. 26 of 2005 / S.T. No. 18 of 2005, whereby, the appellants have been found guilty and convicted for the offences under Sections 307 and 302 of the Indian Penal Code and Section 4 of the Prevention of Witch (Diaan) Practices Act. Upon hearing on the point of sentence, the appellants have been sentenced to undergo R.I. for life with a fine of Rs.5000/- each for the offence under Section 302 of the Indian Penal Code, R.I. for 10 years with fine of Rs. 2000/- each for the offence under Section 307 of the Indian Penal Code, and simple imprisonment for six months for the offence under Section 4 of the Prevention of Witch (Diaan) Practices Act, and all the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of fardbeyan of the informant Janki Grihi, recorded at village Siyal Pahari, at about 11 p.m., on 17.12.2004, wherein, he has stated that on 16.12.2004 at 4 p.m., his mother Budhni Grihin was plucking the wood in the courtyard, where the accused Matal Murmu, Rabia Grihi, Debu Grihi and Signa Grihi came armed with axe and knife and started assaulting his mother. He has stated that Matal Murmu started cutting his mother by axe and Rabia Grihi who was armed with knife also started giving blows of knife on his mother. He further stated that Debu Grihi also assaulted his mother by axe, due to which, his mother died at the spot. The accused Matal Murmu also chased the informant Janki Grihi for assaulting him, but the informant fled away. Deva Grihi, the brother of the informant, was coming to see his mother and when he reached near the house of Matal Murmu, he was also apprehended by Matal Murmu, Rabia Grihi, Debu Grihi and Signa Grihi. Debu Grihi and Matal Murmu assaulted his brother by axe and knife and badly injured him. As to the cause of occurrence, it is alleged that the accused persons were branding his mother as Diaan and for that they murdered his mother and assaulted the brother of the informant. On the basis of the fardbeyan of the informant, Amrapara P.S. Case No. 40 of 2004, corresponding to G.R. No. 482 of 2004, was instituted for the offence under Sections 341, 324, 307, 302 / 34 of the Indian Penal Code against the accused persons, and investigation was taken up. Upon completing the investigation, the police submitted the charge-sheet in this case against the accused persons.