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2021 Supreme(Jhk) 216
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SHREE CHANDRASHEKHAR, RATNAKER BHENGRA, JJ.
State of Jharkhand - Appellant
Versus
Jaglal Hembrom, son of Patar Hembram - Respondent
Acquittal Appeal No.23 of 2004 With Criminal Revision No.374 of 2004
Decided on : 02-02-2021
Advocate Appeared:
For the Appellant :Mr. S.K. Srivastava, Mr. H.K. Mahato, Advocate
For the Respondent: Mr. Sheo Kumar Singh, Mr. S.K. Srivastava, Adv
Headnote:(A) Indian Penal Code, 1860 - Sections 302, 149, 457, and 201; Prevention of Witch (Daain) Practices Act, 1999 - The accused were charged with murder under section 302 and acquitted by the trial court, but the acquittal was challenged by the State and informant. The appeals were allowed as the prosecution witnesses' testimonies were found credible despite minor inconsistencies; thus, the original judgment was set aside, and a conviction was secured for grievous hurt and related offenses. (Paras 1, 6, 42)
| Table of Content |
|---|
| 1. overview of the case and earlier judgments (Para 1 , 2) |
| 2. details of medical examination and eyewitness testimonies (Para 3 , 4) |
| 3. state's appeal and procedural context (Para 5 , 6 , 7) |
| 4. judicial principles regarding evidence in acquittal appeal (Para 8 , 9 , 10 , 11) |
| 5. evaluating eyewitness credibility (Para 12 , 13) |
| 6. inconsistencies in witness statements (Para 14 , 15) |
| 7. reflection on charges and indictment clarity (Para 16 , 17 , 18) |
| 8. discussing confessions and evidentiary standards (Para 19 , 20) |
| 9. analyzing motives and acts of assembly (Para 21 , 22 , 23) |
| 10. conclusion on evidence strength and witness reliability (Para 24 , 25) |
| 11. sentencing considerations and principles (Para 26 , 27 , 28) |
| 12. final judgment implications and consequences (Para 29 , 30 , 31) |
JUDGMENT :
Shree Chandrashekhar, J.
About eighteen years back, Bandgaon (Keraikella) P.S. Case No. 34 of 2002 was lodged against eleven persons accused of committing murder of Roto Gagrai and Palo Gagrai in prosecution of the common object. By a judgment dated 28.02.2004, they were acquitted of the criminal charges framed against them. Against the judgment in Sessions Trial No.16 of 2003, the State filed Acquittal Appeal No. 23 of 2004 and the informant followed by filing Criminal Revision No. 374 of 2004. These matters remained pending for about seven years and in the meantime Passing Gagrai who was absconding faced the trial in Sessions Trial No.16 of 2008 on a similar charge as was framed against the other accused persons in Sessions Trial No. 16 of 2003. Passing Gagrai was convicted and sentenced for committing the offences under section 302/149 of the INDIAN PENAL CODE and section ¾ of the Prevention of Witch (Daain) Practices Act. He preferred an appeal before this Court on 01.03.2011 and by an order dated 21.06.2011, Criminal Appeal (DB) No. 236 of 2011 filed by him was ordered to be listed together with Acquittal Appeal No. 23 of 2004 and Criminal Revision No.374 of 2004. It was only after Criminal Appeal (DB) No. 236 of 2011 became ripe for hearing according to period of custody of the convicts, the acquittal appeal and criminal revision petition were posted for hearing. Today, as fate would have it, they are traveling towards guillotine. We have penned this note because we feel that the present day system seems to have forgotten plight of such accused acquitted by the trial Court one of the accused would be reaching the age of 85 years and three have passed away.
2. This is a story of brutal killings of two persons under a delusion that they were practicing witchcraft over the villagers. Budhni Kui (also referred as Gagrai) is the informant of this case. On the basis of her fardbeyan which was recorded at 09:00 AM on 27.07.2002, Bandgaon (Keraikella) P.S Case No. 34 of 2002 was registered under sections 147/148/149/457/302 and 201 of the INDIAN PENAL CODE and sections 3/4/5/6 of the Prevention of Witch (Daain) Practices Act, 1999 against Shiva Hembrom, Jaglal Hembrom, Sunil Hembrom @ Sunil Kumar Hembrom, Manki Hembrom, Mungru Gagrai, Kundiya Gagrai, Kande Gagrai @ Tunnu Gagrai, Passing Gagrai, Tikun Gagrai, Sahdev Gagrai and Sukhlal Gagrai. The informant has stated in her fardbeyan that the accused persons armed with lathi, bhala and tangi entered her house early morning at about 04:00 AM and started assaulting her father and mother. They killed them saying that they had caused illness to Madho Hembrom by playing witchcraft over him. She has further stated that the accused persons carried the dead bodies of her parents on a cot to the forest. Immediately after recording of the fardbeyan, Sunil Hembrom @ Rengra Hembrom was arrested and he suffered a disclosure at 14:00 hrs, the same day and on his pointing the dead bodies were recovered from the forest. After the investigation charge-sheet was filed on 24.10.2002 against the above-named accused persons, except Passing Gagrai @ Pako. Badu Ram Kandiyang, Bopna Lahar and Passing Hembrom were
