MATHU MAHLI Vs. STATE OF JHARKHAND

JUDGEMENT

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

(2.) The appellant is aggrieved by the impugned Judgment of conviction dated 06.12.2007 and Order of sentence dated 07.12.2007, passed by the learned Sessions Judge, Gumla, in S.T. Case No.229 of 2007, whereby, the sole accused has been found guilty and convicted for the offences under Section 302 of the Indian Penal Code, and Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act. Upon hearing on the point of sentence, the appellant has been sentenced to undergo life imprisonment with a fine of Rs.10,000/-, for the offence under Section 302 of the Indian Penal Code, and R.I. for three months and six months, for the offences under Sections 3 and 4 respectively, 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 Pakua Mahli, the husband of the deceased Kanchan Devi, recorded on 01.04.2007, at about 09:15 A.M., at his village Soso, Mahli Toli, PS and District Gumla, wherein, the informant has stated that he was a rickshaw puller and was married to Kanchan Devi, sister of Chaukidar Gandur Mahli. It is stated in the fardbeyan that on the previous day, which was Saturday, at about 8:30 P.M., the accused Gandur Mahli asked to open the door of the house, whereupon he opened the door and saw the accused Gandur Mahli, Mathu Mahli, Shankar Mahli and Ravi Mahli present there, whom he identified. Gandur Mahli called his wife and when she came out, all the accused persons started assaulting her. Gandur Mahli assaulted his wife by gupti on her head, but she saved her, and thereafter, the accused Mathu Mahli assaulted his wife by bhujali repeatedly, on the pretext that she was practicing witchcraft, due to which his sister Pokli Devi had died. Shankar Mahli had caught hold the informant, due to which, he could not save his wife, and the accused persons assaulted his wife by bhujali, brick and gupti, due to which, she died at the spot. Thereafter, the accused persons went away, threatening the informant not to inform the police. He has stated that this occurrence had taken place at about 8:30 P.M., in the night, and the occurrence was also witnessed by his mother Sahodri Devi. On the basis of the fardbeyan of the informant, Gumla P.S. Case No. 79 of 2007, corresponding to G.R. No.310 of 2007, was instituted for the offences under Sections 302 / 34 of the Indian Penal Code, and Sections 3 and 4 of the Prevention of Witch (Daain) Practices Act, against the four named accused persons, and the investigation was taken up. It appears that after investigation, the police submitted the charge-sheet against the present accused and since other co-accused persons were still absconding, the case was kept pending for investigation as against them. As such, we shall confine our discussions only to the allegation against this appellant, as far as practicable.