( 1 ) INSTANT one is a jail appeal arising out of a shocking incident, where poor person with aboriginal background has killed two of his kin under a superstitious belief that one among them was a witch causing all odds and ills for his family.

( 2 ) LEARNED trial Court by its judgment dated 22. 7. 2003 held the accused guilty for an offence punishable under Section 302 IPC and sentenced for life imprisonment with a fine of Rs. 1000. Further to undergo 6 months simple imprisonment in default of payment of fine.

( 3 ) AS per the prosecution on 31. 5. 2002 one Rajeng orally reported that he was living in joint family with his mother Lakhma and elder brother Shankar. At about 7 a. m. on 31. 5. 2002, he went to village Noliya and his elder brother shankar with his wife Leela were on tour to village Bargi from previous day to purchase clothes, leaving behind their mother and two children Ramji and mukesh. At about 9 a. m. when Rajeng returned to home his nephew Ramji came and While weeping stated that Baba Shankar S/o Raoji has killed lakhma and younger brother Mukesh with an axe and their bodies were lying down the mango tree. On reaching at the spot Rajeng found the bodies