BHAUKA SINGH @ BHOWKA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) This criminal appeal is directed against the Judgment of conviction dated 19. 0 2011 and Order of sentence dated 21. 0 2011, passed by the learned Additional Judicial Commissioner-I, Khunti, in S. T. No. 686 of 2006, whereby, the sole appellant has been found guilty and convicted for the offence under Section 302 of the Indian Penal Code and under Section 3 of the Prevention of Witch (Daain) Practices Act. Upon hearing on the point of sentence, the sole appellant has been sentenced to undergo Rigorous Imprisonment for life for the offence under Section 302 of the Indian Penal Code. No separate sentence has been passed for the offence under Section 3 of the Prevention of Witch (Daain) Practices Act.

(3.) The prosecution case was instituted on the basis of the fardbeyan of informant Chhatu Singh, who is the son of the deceased Jhalo Devi, recorded at his village on 15. 0 2006, at 16:00 hours. In his fardbeyan he has stated that on 14. 0 2006, his mother Jhalo Devi went out of the house when the accused Bhauka Singh @ Bhowka Singh assaulted his mother by stone whereupon she raised alarm upon which, the son of the informant, namely, Dhodeya Singh, aged about 12 years, went there and saw that his mother had fallen down and Bhauka Singh @ Bhowka Singh was assaulting her by a tangi. The son of the informant returned to the house and closed the door due to fear. At the time of occurrence, the informant, his wife, his brother and his brother's wife were not present in the house and only his son Dhodeya Singh was present. In the evening when they returned back, they were informed about the occurrence by Dhodeya Singh, whereupon they saw the dead body of their mother. It is stated that as it had become night and it was forest area, the police could not be informed on that day. On the next day, the fardbeyan of the informant was recorded. It is stated in the fardbeyan that cause of the occurrence was that the grandmother of the accused had died about one month ago and the accused was alleging that due to witchcraft practiced by the mother of the informant, she had died, due to which, he had committed the murder of the deceased. On the basis of the fardbeyan, Rania P. S. Case No. 07 of 2006 corresponding to G. R. No. 138 of 2006, was instituted against the sole accused for the offences under Section 302 of the Indian Penal Code and Sections 3 / 4 / 5 of the Prevention of Witch (Daain) Practices Act, and the investigation was taken up. After investigation the police submitted the charge-sheet in the case.