MANGRU NAGESIA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Amicus Curiae Mr. Arun Kumar and learned counsel for the State Mr. Shekhar Sinha, Additional Public Prosecutor.

(2.) The instant criminal appeal has been preferred against the judgment of conviction dated 18.07.2014 and order of sentence dated 19.07.2014 passed by learned Additional Sessions Judge-I, Lohardaga in Sessions Trial Case No.01/2012 whereby the learned trial court has held these three appellants namely Mangru Nagesia, Pancham Nagesia and Ramnath Nagesia guilty for the offence committed and punishable under Sections 302/34 of the Indian Penal Code and 3/4 of the Prevention of Witch (Daain) Practices Act-1999. The learned trial court has awarded rigorous imprisonment for life for the offence committed and punishable under Section 302 I.P.C. and rigorous imprisonment for three months with fine of Rs.1,000/- each for the offence committed and punishable under Section 3 of the Prevention of Witch (Daain) Practices Act and in default of payment of fine further simple imprisonment for 15 days and rigorous imprisonment for six months with fine of Rs.2,000/- each and in default in payment of fine, simple imprisonment for one month for the offence committed and punishable under Section 4 of the Prevention of Witch (Daain) Practices Act. All the sentences are directed to run concurrently. The sentence awarded in default of payment of fine shall be consecutive to the substantive offences.

(3.) The prosecution case is based upon the Fardbeyan of informant Shatru Nagesia (P.W.4) recorded by Officer-in-charge, Jobang Police Station Mr. Devendra Kumar Verma on 29.10.2011 at 7.45 A.M. at village Barpani. The informant has stated that today i.e. on 29.10.2011 (Saturday) at a distance of 300 Meters south of his house in the Jungle near the dead body of his wife his statement is being recorded. The informant has stated that yesterday i.e. on 28.10.2011 the co-villagers namely (1) Sukhnath Nagesia son of Karam Dev Nagesia (2) Ramnath Nagesia son of Sukhram Nagesia (3) Mangru Nagesia son of Sukhram Nagesia (4) Pancham Nagesia son of Sukhram Nagesia and (5) Anand Nagesia son of Dharam Dev Nagesia, all residents of village Barpani, P.S. Jobang, District Lohardaga came to his house at 8 a.m. with Lathi-danda and were searching his wife by calling her Daain. It is also alleged that the accused persons above named were alleging that wife of the informant has killed the brother of Sukhnath Nagesia and as such they will not leave her rather kill her. The informant has stated that at that time, his wife was not in the house rather had hidden herself, thereafter accused persons returned. It is further alleged that at around 10.30 A.M. all the five accused persons again came to his house with Lathi-danda. At that time the informant hide himself in the bushes near house and the accused persons caught hold of the wife of the informant Sundri Devi and took her towards south side of the jungle. The son of the informant Mangal Deo Nagesia aged about 12 years followed them and saw the occurrence by hiding himself in the mountain and subsequently came and informed that Sundri Devi (his mother) has been assaulted brutally by Sukhnath Nagesia, Ramnath Nagesia, Mangru Nagesia, Pancham Nagesia and Anand Nagesia by means of Lathi and Danda and also disrobed her while taking her towards the mountain. The informant has stated that under fear, the informant and his son both remained in the village and in the evening they started searching his wife in the mountain and found the dead body of his wife in injured condition. The informant has alleged that occurrence took place as 20 days ago, two years old brother of Sukhnath Nagesia had died and since then Sukhnath Nagesia and members of his family were calling the wife of informant as "Daain" and made responsible for the same and since then Sukhnath Nagesia and Ramnath Nagesia were in search of his wife for killing her. On 28.10.11 Sukhnath Nagesia, Ramnath Nagesia, Mangru Nagesia, Pancham Nagesia and Anand Nagesia with common intention assaulted his wife by means of Lathi and Danda and killed her. They have killed her by saying her Daain.