DADU MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The convicts, namely, Dadu Munda, Thakur Thakura Munda, Jura Munda and Soma Munda are the appellants in Criminal Appeal (DB) No. 1095 of 2012 and the convict, namely, Kariya Munda is the appellant in Criminal Appeal (DB) No. 348 of 2011. Both these criminal appeals arise out of a common judgment of conviction under sections 452/34 and 302/34 IPC. The appellants have also been convicted under section 3/4 of the Prevention of Witch (Daain) Practices Act.They have been sentenced to R.I for life and fine of Rs.10,000/-each under section 302/34 IPC.No separate sentence under section 452/34 IPC and under section 3/4 of the Prevention of Witch (Daain) Practices Act has been inflicted upon the appellants.

(2.) On the basis of the fardbeyan of Nandi Mudain, the wife of the deceased, recorded on 06.02.2008 at about 11.30 a.m in her village, Khunti P.S Case No. 14 of 2008 was registered under section 147/148/149/302 IPC against the appellants. During the trial, the prosecution has examined nine witnesses; the informant is P.W.7 and her daughter, namely, Dulari Mundain is P.W.3.

(3.) The prosecution has projected P.W.3 and P.W.7 as the eye-witness.