LAWS(JHAR)-2018-4-11

ABILAS HANSDA @ ABILAS SOREN Vs. STATE OF JHARKHAND

Decided On April 03, 2018
Abilas Hansda @ Abilas Soren Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) As both these appeals arise out of the common Judgement of conviction and Order of sentence, they are heard together and are being disposed of by this common Judgement.

(2.) Heard learned amicus curiae appointed by the Court for the appellants in Cr. Appeal No. 1258 of 2006 and learned counsel for the appellants in Cr. Appeal No. 1033 of 2006, as also learned counsel for the State.

(3.) The appellants in both these appeals are aggrieved by the Judgement of conviction dated 206.2006 and Order of sentence dated 26.06.2006, passed by the learned 4th Addl. Sessions Judge, F.T.C., Dumka, in Sessions Case No.154 of 2005 / 42 of 2005, whereby all these appellants have been found guilty and convicted for the offences under Sections 302 / 149 and 148 of the Indian Penal Code & Sections 3, 4 of the Prevention of Witch (Daain) Practices Act, whereas the appellants in Cr. Appeal No. 1258 of 2006 have also been found guilty and convicted for the offence under Section 201 of the Indian Penal Code. It may be stated that one more accused who was facing the trial along with these appellants, namely, Bhutal Murmu @ Motilal Murmu, has been acquitted by the Trial Court below. Upon hearing on the point sentence, the appellants have been sentenced to undergo R.I. for life for the offence under Sections 302 / 149 of the Indian Penal Code, R.I. for two years for the offence under Section 148 of the Indian Penal Code, R.I. for three months each for the offence under Sections 3 / 4 of the Prevention of Witch (Daain) Practices Act and the appellants in Cr. Appeal No. 1258 of 2006 have been further sentenced to undergo R.I. for five years each for the offence under Section 201 of the Indian Penal Code, and all the sentences were directed to run concurrently.