GHUNJU KUJUR Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The sole appellant is aggrieved by the impugned Judgment of conviction dated 24.07.2006 and Order of sentence dated 26.07.2006, passed by the learned 1 st Addl. Sessions Judge, Gumla, in S.T. No. 23 of 2006, whereby, the appellant has been found guilty and convicted of the offences under Sections 302 and 324 of the Indian Penal Code, and Section 3 of the Prevention of Witch (Daain) Practices Act. Upon hearing on the point of sentence, the appellant has been sentenced to undergo RI for life for the offence under Section 302 of the Indian Penal Code, RI for three years for the offence under Section 324 of the Indian Penal Code, and RI for three months for the offence under Section 3 of the Prevention of Witch (Daain) Practices Act, and all the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the informant Anu Kerketta, recorded on 011.2005 at about 6.40 A.M., at his village Majhatoli, P.S. Raidih, District Gumla, wherein he has stated that in the previous evening at about 7:00 P.M., the accused Ghunju Kujur took up a quarrel with him near the akhara of his village, on the pretext that his mother and aunt were practicing witchcraft, and started chasing the informant with a gupti in his hand, with the intention to kill him. The informant ran for his safety towards his house and while he was in the lane towards his house, his mother and aunt Peto Beck came to his rescue, whereupon Ghunju assaulted the mother of the informant by gupti injuring her on her arm and he also assaulted his aunt Peto Beck, by gupti on her chest, causing bleeding injuries due to which she died at the spot. Informant has stated that he was also injured in the occurrence, and they were assaulted as the accused was brandishing his mother and aunt as daain. On the basis of the fardbeyan of the informant, Raidih P.S. Case No. 64 of 2005, corresponding to G.R. No. 738 of 2005, was instituted for the offences under Sections 302, 323 and 324 of the Indian Penal Code, and Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act, against the sole accused and investigation was taken up. After investigation, the police submitted the charge-sheet in the case.