FEKAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have filed the instant application against the order dated 24.01.2006 passed by the learned A.D.J. 1 st, Bermo at Tenughat in connection with Sessions Trial No. 86 of 2004 whereby the learned Court below has framed charge against the petitioners for the offences under Sections 302, 307 and 324 read with Section 120B of the Indian Penal Code and also under Sections 3, 4, 5 and 6 of the Witch Practices Act.

(2.) THE facts of the case in brief is that on the alleged date of occurrence, the informant along with her husband (deceased) and son were on the way to Gumla for the medical treatment of their sick boy. The time was around 6 am and it was a Tuesday. It is alleged that on half a kilometer from the residence of the accused Gopal Singh, who happens to be the cousin brother -in -law of the informant, concealed himself with a Tangi in his hand and as soon as the informant, her husband and his son came there, Gopal Singh assaulted the informants husband with the Tangi on his neck several times and felled the victim on the ground. When his son tried to save him, he too was assaulted and injured by the assailant. The informant rushed for help to the village and by the time she brought the villagers to the place of occurrence, her husband was already dead.

(3.) THE case was initially registered for the offences under Sections 302, 307 and 324 read with Section 120B of the Indian Penal Code and also under Sections 5 and 6 of the Witch Practices Act. After investigation, the first charge sheet was submitted against the accused Gopal Singh for the offences under Sections 302, 307 and 324 of the Indian Penal Code besides the offences under the Prevention of (Witch) Practices Act. The second charge sheet was submitted against some other accused persons only for the offences under the Prevention of (Witch) Practices Act. The final third charge sheet was submitted in respect of those accused persons against whom the investigation had continued for the offences under Sections 302, 324 and 307 read with Section 120B of the Indian Penal Code and also for the offences under the Prevention of (Witch) Practices Act. On receipt of the charge sheet, the learned Court of the Chief Judicial Magistrate took cognizance of the offences under Sections 302, 307 and 324 read with Section 120B of the Indian Penal Code and also under Sections 3, 4, 5 and 6 of the Prevention of (Witch) Practices Act against all the accused persons and thereafter case, of the petitioners were committed to the Court of sessions and the trial of the case was initiated. The present petitioners, against whom the charge sheet was filed recommending their trial for the offences under Sections 302, 324 and 307 read with Section 120B of the Indian Penal Code and Sections 3, 4, 5 and 6 of the Prevention of (Witch) Practices Act, had filed application under Section 227 Cr.P.C. praying for their discharge on the ground that the allegations made in the FIR are vague and the petitioners have committed no offence whatsoever as alleged against them. The learned sessions Court, however, did not agree with the grounds advanced by the petitioners and on the other hand by observing that there is sufficient material indicating a prima facie case made out against the petitioners for the aforesaid offences proceeded to frame charge accordingly.