CHHOTE LAL SOREN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction dated 27.10.2010 whereby the appellant has been convicted for the offences u/s 302 IPC and u/s 3/4 of the Prevention of Witch (Daain) Practices Act and the order of sentence dated 28.10.2010 passed in Sessions Trial No. 21 of 2008 by which the appellant has been sentenced to undergo R1 for life and further with fine of Rs. 5,000/-.

(2.) The prosecution story is based on the fardbeyan of Chowkidar-Rajendra Maraiya recorded on 24.9.2007 by S.I.S. Paswan at about 7:00 A.M. in which it has been alleged that the informant has received information that Chhote Lal Soren has committed murder of his two Buas (aunts). On receiving such information, the informant went to the house of Chhote Lal Soren and found that dead bodies of two women were lying on a cot and blood was oozing from their heads. On query, the informant was reported by the neighbours that in the night at about 11/12 P.M., Chhote Lal Soren did commit murder of two women by giving assault with lathi and fled away from his house. The informant came to know the name of the deceased persons as Dhena Soren and Mahasuri Soren, daughters of late Lakhi Ram Soren. It has been alleged that the deceased were issueless and as such they were kept by the accused with him. It has further been alleged that the accused always used to say that his wife and daughter have died due to two Buas namely, Mahasuri Soren and Dhena Soren. It has further been alleged that the informant came to know that the accused confessed before the prosecution witness No. 2-Munshi Soren that he has killed his two Buas namely, Mahasuri Soren and Dhena Soren.

(3.) On the basis of the said fardbeyan, Maheshpur P.S. Case No. 147 of 2007 was registered on 24.9.2007 u/s 302 IPC and u/s 3/4 of the Prevention of Witch (Daain) Practices Act. After investigation, charge-sheet was submitted and thereafter cognizance of the offence for the aforesaid offences was taken against the accused person. After cognizance was taken, the case was committed to the court of Sessions.