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JOYMALYA BAGCHI, MOUSHUMI BHATTACHARYA
State of West Bengal – Appellant
Versus
Kali Singh – Respondent


Advocates:
Advocate Appeared:
Sekhar Kumar Basu, Adv., Tapan Deb Nandi, Adv., Soubhik Mitter, Adv., Ranadeb Sengupta, Adv., Sarajit Basu, Adv., Saswata Gopal Mukherjee, Adv., Rudradipto Nandy, Adv., Ayan Basu, Adv., Sreyashi Biswas, Adv.

JUDGMENT :

JOYMALYA BAGCHI, J.

1. The appeals and the death reference are taken up for hearing analogously and are being disposed of by this common judgment and order.

2. The appellants are the members of Munda community under the Scheduled Tribe category residing at Dubrajpur and Haridaspur villages in the district of Paschim Medinipur. Labouring under the unfounded superstition that three women, namely, Sambari Singh, Fulmani Singh and Sombari Singh (hereinafter referred to as 'the victims') belonging to their community were 'witches' and due to their evil spell death and other misfortunes had befallen their community, a meeting was organized on 16.10.2012 at noon at Dubrajpur village under the leadership of one Thoba Singh (an absconding accused). The meeting was attended by Ganesh Singh, Sani Mandi, Bablu Singh and Others. In the meeting the victims were declared as 'witches' and a sum of Rs. 60,000/- was demanded as fine. As they failed to pay, the victims were assaulted indiscriminately with fists, blows and kicks. Laxmikanta Singh (P.W.1), husband of Sambari and his family






































































































































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