ANTHONY KULLU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant, Mr. Naresh Prasad Thakur and learned counsel for the State Mr. Gouri Shankar Prasad, Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction and order of sentence both dated 5th August, 2013 passed in Sessions Trial No. 69 of 2010 passed by learned Sessions Judge, Simdega, whereby the sole accused/appellant, Anthony Kullu @ Antony Kullu has been held guilty for the offence committed and punishable under Section 302 of the Indian Penal Code and also under Section 3/4 of the Prevention of Witch (Daain) Practices Act. The learned Trial Court has awarded imprisonment for life under Section 302 I.P.C and also awarded simple imprisonment for six months and a fine of Rs. 1,000/- for the offence under Section 4 of Prevention of Witch (Daain) Practices Act to the convict appellant. No separate sentence has been awarded for commission of offence under Section 3 of the Prevention of Witch (Daain) Practices Act. All the sentences have been directed to run concurrently.

(3.) Prosecution case is based upon the Fardbeyan of Isdore Baa (P.W.4) recorded by S.I, Arvind Kumar (P.W.8), Officer-in-Charge, T. Tanger Police Station on 29.6.2010 at 12:30 Hrs. at Burdhi Kudar village. The informant has alleged that yesterday ( 28.6.2010) Monday at around 5.00 P.M when the informant was with his wife in his house, co-villlager, Antony Kullu (accused) came to his house having Dauli (sharp cutting weapon) in his hand and said that you are Daain and you have made my son ill and as such I will kill you and assaulted wife of the informant by means of Dauli on the right hand at wrist and subsequently on the head here and there, causing injury. The informant was arranging to take her wife for treatment but today (29.6.2010) in the morning at 8:00 A.M. she died. The informant has stated that name of his wife is Imiliya Baa. The informant has claimed that accused, Antony Kullu has caused serious injury on his wife by alleging that she is Daain, because of injury caused she died.