JAG MOHAN KANWAR Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the Judgement of conviction dated 19.04.2007 and Order of sentence dated 20.04.2007, passed by the learned Additional Sessions Judge, F.T.C.-II, Latehar, in S.T. No. 130 of 2006, whereby, the appellant has been found guilty and convicted for the offences under Section 302 of the Indian Penal Code and Section 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 for the offence under Section 302 of the Indian Penal Code and he has further been sentenced to R.I. for six months and fine of Rs.1,000/- for the offence under Section 4 of the Prevention of Witch (Daain) Practices Act, and both the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Chehru Kanwar, the son of the deceased Chamra Kanwar, recorded at his village Soharpat, P.S. Netarhat, District Latehar, on 16.8.2006 at about 2:00 P.M., wherein he has stated that on the same day, i.e., on 16.8.2006 at about 10.30 A.M. in the morning, he along-with his mother, and brother were at the house and his father was sitting on the chabutra of the house. At the same time, the accused Jag Mohan Kanwar came armed with a sword and asked them to go away from there, otherwise they would also be killed, upon which, the informant and the other persons went to the cow-shed and the accused assaulted his father, who was sitting on the chabutra, by sword indiscriminately on his head, due to which, his father fell down. When his father fell down, the accused also assaulted him by sword on both his hands. Upon the alarm raised by the informant and his family members, several persons assembled there, but Jag Mohan Kanwar threatened all of them by sword saying that whoever would be coming near him would be killed and thereafter, he fled away. As to the cause of occurrence, it is stated that his father was practicing as witch doctor, and 15 days prior to the occurrence, his father had practiced upon the wife of the accused Jag Mohan Kanwar, as she was ill, but she could not be cured thereby. Claiming that for the same reason, the accused had assaulted his father to death, the fardebayn was given by the informant, on the basis of which, Netarhat P.S Case No. 11 of 2006, corresponding to G.R No.382 of 2006, was instituted for the offence under Section 302 of the Indian Penal Code, against the sole accused and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.