KRISHNA ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the impugned Judgment of conviction dated 19.11.2014 and Order of sentence dated 24.11.2014, passed by the learned Additional Judicial Commissioner-XIII, Ranchi, in S.T. No.09 of 2008, whereby, the sole appellant has been found guilty and convicted for the offences under Sections 302 / 34 of the Indian Penal Code, and Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life with fine Rs. 5,000/- for the offence under Section 302 of the Indian Penal Code, imprisonment for three months and fine Rs. 500/- for the offence under Section 3 of Prevention of Witch (Daain) Practices Act and imprisonment for six months and fine Rs. 1,000/- for the offence under Section 4 of Prevention of Witch (Daain) Practices Act.

(3.) The case relates to double murder, and the case was instituted on the basis of the fardbeyan of informant Fagu Tigga, the son of both the deceased, recorded on 24.8.2007 at about 10:30 hours at his village home, wherein, he has stated that in the night of 208.2007, he was sleeping in his house and his father and mother were sleeping in other house situated at about 100 yards from his house. At about 10:00 P.M. in the night, his co-villagers Krishna Khoya, (since dead), Sunil Khoya, Krishna Oraon (appellant) and one unknown person came armed with dhauli, sword etc., and started abusing the informant in filthy languages and asked him to show his parents, whereupon, the informant went to the house, where his father and mother were sleeping, and when they came out, Krishna Khoya and one unknown person took his father towards back side of the house, at about 100 feet and Sunil and Krishna Oraon took his mother towards the eastern side of the house and they started assaulting them with sharp cutting weapons. Upon the alarm raised, some persons came, whereupon, the accused persons fled away. While fleeing away, all the four accused persons had assaulted and injured Baha Tigga and Ram Tigga. He saw the dead bodies of his father and mother with injuries caused by sharp cutting weapon. He has stated that the occurrence had taken place due to the fact that the brother of Krishna Khoya was ill for the last fifteen days, and the accused persons alleged practice of witch craft against his parents. On the basis of fardbeyan of the informant, Dhurwa P.S. Case No.186 of 2007, corresponding to G.R. No.3101 of 2007, was instituted for the offences under Sections 302 / 34 of the Indian Penal Code, and Sections 3 and 4 of Prevention of Witch (Daain) Practices Act, and investigation was taken up. After investigation, the police submitted the charge-sheet against this appellant, showing the other two accused persons absconding. The main accused Krishna Khoya had been murdered after few days of the occurrence.