PATAR SOY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has been directed against the judgment dated 14. 5. 1999 passed by learned 2nd Additional Sessions Judge, khunti in Sessions Trial No. 268 of 1998 convicting the appellant under Sections 302/34 and 201 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life for Section 302/34 and to undergo rigorous imprisonment for five years for the offence under Section 201 of the indian Penal Code. However, the sentences were ordered to run concurrently.

(2.) THE prosecution case, in short, was that the informant Santosh Soy (PW1) lodged a written report to the effect that Markus Soy, his son of elder wife Sonmati Ramdi (PW3)informed him that when he and his mother sonmati Ramdi (the deceased) were preparing for sleep on 30. 12. 1996 at about 8 to 9 p. m. , the appellant and one Enam Lohra entered into the house and assaulted the deceased with fists and slaps. In the light of Dhibri, they were identified by PW3. It was further said that during said assault, the deceased fell on a stone causing bleeding head injury. When PW3 tried to save her, he was also assaulted by fists and slaps upon which he fell on the ground having bleeding head injuries. PW3 hide under a cot. The appellant and Enam Lohra dragged the deceased outside the house. The deceased was crying for help. The appellant and Enam were saying that due to witchcraft practiced by the deceased, the brother of the appellant Johan Munda died three months back arid therefore, they will not leave her, Thereafter, PW3 came to the informant and informed about the occurrence. The case was registered under Sections 364/34 of the Indian Penal Code. The dead body was recovered from a well on 2. 1. 1997. The police submitted charge-sheet under section 302 and 201/34 of Indian Penal Code. Both the accused persons were charged accordingly to which they pleaded not guilty and claimed to be tried.

(3.) THE prosecution examined 8 witnesses. PW 1 Santosh Soy is the informant; PW2 mary Soy is the Gotni of the deceased; PW3 markus Soy, the son of the informant and the same is the sole eyewitness; PW 4 sammuel Soy is own brother of the informant who was informed by PW 3 about the occurrence; PW5 Dr. Lalita Verma is the medical Officer who conducted the postmortem report; PW6 Emmalluel Bodra is the Mukhiya; PW7 Karan Singh Munda is the witness who proved the recovery of the dead body from well and PW8 Shaligram choudhary is a formal witness. Besides the said witnesses, the prosecution got certain documents exhibited.